The Delhi High Court witnessed an unusual situation when members of the Delhi High Court Bar Association (DHCBA) abstained from judicial work to protest the proposed enhancement of the pecuniary jurisdiction of Delhi's District Courts from ₹2 crore to ₹10 crore. During court proceedings, DHCBA President Senior Advocate N. Hariharan personally addressed advocates appearing before various Benches, requesting them to honour the Bar Association's call for abstention and support the collective cause. While acknowledging the concerns raised by the Bar, the High Court emphasized that judicial proceedings must continue and that the courts remained committed to discharging their constitutional duty of administering justice.
The controversy stems from the Delhi High Court's administrative consideration of a proposal to increase the pecuniary jurisdiction of the District Courts. If implemented, civil suits valued up to ₹10 crore, instead of the present ₹2 crore, would ordinarily be instituted before the District Courts rather than the High Court exercising its Original Civil Jurisdiction. The proposal is intended to redistribute civil litigation between the High Court and subordinate courts. However, the DHCBA has strongly opposed the move, arguing that it would substantially reduce the High Court's original civil jurisdiction and adversely affect the legal profession.
According to the Bar Association, the proposed enhancement would have far-reaching consequences for the administration of justice as well as for advocates practising before the Delhi High Court. The Executive Committee expressed concern that nearly 70 percent of the matters presently falling within the High Court's Original Side jurisdiction would stand transferred to the District Courts if the pecuniary threshold is increased to ₹10 crore. Such a shift, it argued, would significantly alter the nature and volume of litigation before the High Court and adversely affect the professional work of a large number of advocates.
To register its opposition, the DHCBA resolved to abstain from judicial work for a day and appealed to all its members to participate in the protest. During hearings before different Benches, Senior Advocate N. Hariharan addressed advocates who had appeared in court despite the call for abstention. He urged them to stand united with the Bar Association, stressing that the issue concerned the collective interests of the legal fraternity and could eventually have wider implications extending beyond civil jurisdiction. He requested lawyers to cooperate with the Association even if they had listed matters before the Court that day.
One such interaction occurred before a Bench headed by Justice Navin Chawla, where Hariharan appealed to advocates not to proceed with arguments and requested them to support the protest. He remarked that while he could not stop judicial proceedings, he could appeal to members of the Bar to stand by the Association's cause. The Court responded by clarifying that it was not compelling anyone to argue and left it to the advocates to decide whether to proceed with their matters. This reflected the Court's effort to respect both the independence of the Bar and the continuity of judicial proceedings.
A similar exchange took place before the Bench of Justice Harish Vaidyanathan Shankar, where Hariharan once again requested advocates present in court to refrain from participating in proceedings for the day. Addressing fellow lawyers, he emphasized that the protest was intended to protect the collective interests of the Bar and sought their cooperation. Some advocates informed the Court that they had appeared only to seek adjournments, while others expressed support for the Bar Association's position. Hariharan thanked the members for their understanding and reiterated that the success of the protest depended upon collective participation.
Justice Harish Vaidyanathan Shankar responded with a balanced observation highlighting the distinct responsibilities of the Bench and the Bar. The Judge remarked that the Bar President was performing his role while the Court was performing its own constitutional duty, observing that the responsibility of the Court is to dispose of as many pending matters as possible. The remark underscored the judiciary's view that, irrespective of differences regarding administrative proposals, courts remain obliged to ensure uninterrupted delivery of justice to litigants.
The DHCBA's opposition is rooted in its belief that transferring a substantial volume of civil litigation to the District Courts would fundamentally alter litigation practice before the High Court. According to the Association, advocates specialising in original civil matters would be disproportionately affected because many of their existing and prospective cases would thereafter fall within the jurisdiction of subordinate courts. The Bar has therefore urged reconsideration of the proposal before any final administrative recommendation is implemented.
The issue of pecuniary jurisdiction concerns the monetary value of civil disputes that determines which court has authority to hear a particular case. Raising the pecuniary threshold generally shifts lower-value commercial and civil disputes from higher courts to subordinate courts, thereby allowing High Courts to concentrate on appeals, constitutional matters, and higher-value original suits. Such changes are often intended to improve judicial efficiency and reduce case backlogs, although they may also affect litigation patterns and the distribution of judicial workload.
Supporters of enhancing the pecuniary jurisdiction argue that District Courts have gradually developed the institutional capacity to handle a larger volume of high-value commercial and civil litigation. They contend that decentralising original jurisdiction would reduce pressure on the High Court and bring justice closer to litigants by enabling disputes to be adjudicated at the district level. Opponents, however, maintain that complex commercial disputes are often better suited to the High Court because of its specialised experience and established Original Side procedures. These competing considerations continue to form the basis of the ongoing debate.
The events before the Delhi High Court also highlight the long-standing principle governing lawyers' strikes in India. The Supreme Court has repeatedly held that advocates should ordinarily refrain from abstaining from judicial work because such actions primarily inconvenience litigants whose cases are delayed through no fault of their own. While Bar Associations are entitled to express institutional concerns and engage with policy issues, courts have consistently emphasised that uninterrupted access to justice remains a constitutional priority.
At the same time, the exchanges in court demonstrated the cordial relationship that generally exists between the Bench and the Bar. The judges permitted the Bar President to make his appeal without disrupting proceedings, while Hariharan apologised to the Court for interrupting hearings and clarified that his remarks were directed only to fellow advocates. The interaction reflected mutual institutional respect despite differences regarding the appropriate method of expressing opposition to the administrative proposal.
The controversy is likely to continue as the proposal concerning enhancement of the District Courts' pecuniary jurisdiction progresses through the administrative process. The DHCBA has indicated that it considers the issue to be one of significant institutional importance, affecting not only advocates practising before the High Court but also the overall structure of civil litigation in Delhi. Whether the proposed jurisdictional change is ultimately implemented will depend upon further administrative and legislative developments.
In conclusion, the events at the Delhi High Court illustrate the tension between institutional reforms intended to improve judicial administration and the concerns of the legal profession regarding their practical consequences. While the DHCBA called upon its members to abstain from work in protest against the proposed increase in the District Courts' pecuniary jurisdiction from ₹2 crore to ₹10 crore, the High Court reiterated its commitment to continuing judicial work and ensuring that litigants' interests remain protected. The episode reflects an important debate on balancing judicial efficiency, access to justice, and the professional interests of advocates within India's civil justice system.
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