State Bar Council has power to register and recognise more than one Advocates Association under the Advocates Welfare Fund Act. Madras High Court.

Women Lawyers Association of Nilgiris v. Bar Council of Tamil Nadu & Puducherry & Ors.

W.P. No.6176 of 2025

Case Background

• The Women Lawyers Association of Nilgiris applied for recognition under Section 13 of the Tamil Nadu Advocates Welfare Fund Act, 1987.
• The Bar Council of Tamil Nadu & Puducherry rejected the application (Resolution No.664/2023, dated 18.10.2023), citing that:
• Most women lawyers preferred membership with the Nilgiris District Bar Association.
• Only one bar association should be recognized per court centre.
• The Association challenged this rejection before the Madras High Court.

Petitioner’s Arguments

• The Association is a legally registered society of practising women advocates.
• The Bar Council’s enquiry and rejection were arbitrary and beyond legal powers.
• Multiple bar associations are recognized in several court centres in Tamil Nadu (e.g., Madras High Court, Madurai Bench).

Respondents’ Stand

• Bar Council: Recognition should be limited to one association per court centre; majority of women lawyers preferred the Nilgiris District Bar Association.
• Nilgiris District Bar Association: Claimed most women advocates (56 out of 80) are their members; petitioners had only 13 members.

Court’s Findings

1. Bar Council exceeded its authority:

• Section 13(3) allows enquiry only to verify compliance with basic requirements (bye-laws, office bearers, members’ details, places of practice).
• It does not permit enquiries into popularity, majority membership, or rival associations’ views.

1. No legal bar on multiple associations:

• Rule 3(4) of the Welfare Fund Rules expressly allows recognition of more than one bar association at a court centre for special reasons.
• Several centres already have multiple recognized associations.

1. Improper reliance on rival association’s opinion:

• The Bar Council wrongly sought and relied on the views of the Nilgiris District Bar Association.
• Such consultation is not required under the Act or Rules.

Decision

• The Court quashed the Bar Council’s resolution dated 18.10.2023 rejecting recognition.
• Directed the Bar Council to reconsider the petitioner’s application (24.03.2023) strictly within the scope of Section 13(2) (bye-laws, office bearers, members’ list, places of practice).
• If requirements are met, recognition must be granted.
• This process must be completed within 15 days.
• Writ Petition allowed, no costs.

? Essence of the Ruling:

The Bar Council cannot reject recognition of a lawyers’ association based on majority membership, rival association objections, or internal disputes. Its enquiry must be limited to verifying statutory requirements. Multiple associations in a court centre are legally permissible.