'Bar Associations Not 'State' Under Constitution, Writ Jurisdiction Doesn't Apply': Bombay HC

The Bombay High Court has ruled that bar associations cannot be considered a “State” under Article 12 of the Constitution, stating that such a declaration would lead to a “chaotic” situation. The court dismissed a petition filed by four advocates challenging a notice from the Kolhapur District Bar Association (KDBA) requiring payment of membership fees by April 1, 2025, to be eligible to vote in upcoming bar elections.

A division bench of Justices Girish Kulkarni and Advait Sethna observed that bar associations are either registered societies or trusts, functioning under their own bye-laws and rules, without any deep or pervasive control by the government or the Bar Council.

“There is hence, neither any control nor any interference of the Government in the functions of the bar association, much less on their elections or day-to-day functioning,” the bench noted in its April 21 order.

The court emphasized that bar associations regularly issue circulars and notices for the welfare of their members. If such actions were subjected to judicial review under Article 226, the consequences would be widespread. “If all such activities… are to be held to be subject to judicial review… this would certainly lead to a chaotic situation,” the judges stated.

They also cautioned that accepting the petitioners’ arguments would open the floodgates for similar litigation against other professional associations. “Things would not stop only at the bar associations… the same logic would be required to be applied to associations of other professional bodies like Doctors, Chartered Accountants, Engineers,” the court remarked.

The bench concluded that disputes between members and bar associations are governed by internal rules, and not open to writ jurisdiction. “This would be a position too far-fetched,” it held, while dismissing the petition.