Bar, Bench and Access to Justice: Lessons from Justice BV Nagarathna’s Address and the Debate on High Court Benches

Introduction

At the 13th convocation of National Law University, Delhi on August 29, 2026, Supreme Court Judge Hon’ble Ms Justice BV Nagarathna delivered a keynote address that went beyond ceremonial remarks and engaged with core structural issues facing the legal profession and the justice delivery system in India. Her comments on the role of Bar Councils, professional ethics, and the independence of the Bar acquire particular significance against the backdrop of ongoing debates on pendency, delays, and the uneven geographical distribution of High Courts and their Benches.

This article first revisits the key themes from Hon’ble Ms Justice BV Nagarathna’s address, and then connects them with the pressing question of equitable access to justice through the creation and location of High Court Benches—especially in West Uttar Pradesh, as well as other States such as Bihar, Orissa and Rajasthan. It also reflects on the broader constitutional role of the Bar and the legal profession as an office of trust, not merely a commercial occupation.

Justice BV Nagarathna on Bar Councils and Ethical Responsibility

Hon’ble Ms Justice BV Nagarathna, speaking at the NLU Delhi convocation attended by Delhi High Court Chief Justice Hon’ble Mr Devendra Kumar Upadhyaya (Chancellor of the University), several Judges of the Delhi High Court and Vice-Chancellor Prof GS Bajpai, used the occasion to make a candid assessment of Bar Councils and their contemporary functioning.

She underscored that Bar Councils—whether at the national or State level—are not merely regulatory or electoral bodies. Their legitimacy depends on the confidence and respect they command from advocates enrolled with them. In this context, she stressed that:

  • Bar Councils must critically examine their own functioning.
  • Their core mandate includes preserving professional ethics, morality, and competence among advocates.
  • When members of the Bar do not hold their own Council in esteem, it signals a serious problem for the legal profession as a whole.

Her remarks acquire an added dimension when seen in light of recent controversy involving the Bar Council of India (BCI) Chairman Manan Kumar Mishra and the 2026 graduating batch of NALSAR, Hyderabad. The dispute arose after the students objected to the invitation extended to Chief Justice of India Hon’ble Mr Surya Kant for their convocation, and the BCI Chairman reportedly directed State Bar Councils not to enroll that batch as advocates. Though Hon’ble Ms Justice BV Nagarathna did not directly comment on this incident in her speech, the call for introspection by Bar Councils and the emphasis on earning respect from members is contextually relevant.

“Bar Must Speak in One Voice”: Pendency, Delay and Systemic Strain

A central message from her address was that the Bar must act with unity when it comes to sustaining the justice delivery system, particularly given the magnitude of pending litigation and delays in adjudication across the country. She highlighted that:

  • The Indian justice system is confronting serious challenges in the form of case backlog, procedural delays, rising litigation costs, and uncertainty of outcomes.
  • The Bar in India should “rise and speak in a singular voice” on how to support and strengthen the system of justice dispensation.

This is especially important in High Courts that face a very high volume of pending matters. For instance, the Allahabad High Court has long been recorded as one of the High Courts with the largest number of pending cases. Pendency at such scale not only burdens Judges and court administration but also profoundly affects litigants’ access to timely justice.

When the Bar operates in silos, or is divided on institutional questions, it becomes difficult to evolve consistent, principled positions on key structural issues—such as forum allocation, case management reforms, or geographical expansion through new Benches. Justice BV Nagarathna’s insistence that the Bar speak in one voice is therefore not rhetorical; it is connected to the system’s capacity to respond to these structural pressures.

High Courts, Benches and the Question of Geographical Access to Justice

Unequal Distribution of High Court Benches

In light of her broader call for introspection and systemic reform, the debate around the allocation of High Court Benches across different regions of India becomes especially relevant.