Supreme Court Monthly Digest: March 2026

Advocates Act, 1961 - The Supreme Court directed the Bar Council of India to reconsider its rule which bars office bearers of Bar Associations from contesting elections to State Bar Councils. With this direction, the Court disposed of a writ petition challenging Chapter III of the Bar Council of India Uniform Rules (and Mandatory Guidelines) for the Elections of Bar Councils, 2016. Dhanya Kumar Jain v. Bar Council of India, 2026 LiveLaw (SC) 216 Advocates Act, 1961 - The Supreme Court disposed of a plea seeking reservation for advocates belonging to Other Backward Classes in appointments of government pleaders in Madhya Pradesh. While declining to issue binding directions in the absence of a statutory mandate, the Court through its order urged the Advocate General to ensure representation of lawyers from marginalised communities and women. OBC Advocates Welfare Association v. State of M.P., 2026 LiveLaw (SC) 217 Amicus Curiae - Procedure for Appointing Amicus Curiae for Absentee Appellants – Guidelines – To prevent technical pleas of unfairness, the Supreme Court directed that when appointing an Amicus Curiae due to the absence of a convict's counsel, the Registry should issue notice to the convict's address via the jurisdictional police station - If the convict remains dormant despite service (including service by pasting on the premises), the Supreme Court may proceed to decide the appeal - This process ensures the Court knows if the appeal survives or has abated after long periods. Bhola Mahto v. State of Jharkhand, 2026 LiveLaw (SC) 265 : 2026 INSC 257 Anticipatory Bail — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 18 — Cancellation of Anticipatory Bail - The Supreme Court allowed the appeals and cancelled the anticipatory bail granted to the respondents, observing that a prima facie case under the SC/ST Act was established - noted that while the High Court relied on the absence of casteist slurs in the initial FIR (lodged by a police official based on a social media video), it failed to exercise sufficient caution in examining other records - an affidavit filed by the Deputy Superintendent of Police and statements of various persons clearly alleged the use of casteist slurs and violence by the upper-caste respondents against marginalized community members over a drainage dispute – noted that the bar under Section 18 of the SC/ST Act, which precludes the grant of anticipatory bail, is applicable when the ingredients of the offence are prima facie disclosed - In this case, investigation reports indicated offences under the SC/ST Act, the Bharatiya Nyaya Sanhita, 2023, and the Arms Act - noted that mere attempts at reconciliation by the police cannot prevent the taking of cognizance for criminal acts - Supreme Court found that the High Court erred in concluding there was no prima facie culpability, as subsequent investigation reports and affidavits by high-ranking police officials corroborated allegations of caste-based abuse and firearm discharge – Appeals allowed. [Relied on Shajan Skaria v. State of Kerala, 2024 SCC OnLine SC 2249; Paras 8-15] Kuldeep Singh v. State of Punjab, 2026 LiveLaw (SC) 239 Arbitration Act, 1940 – Section 2(a) and Section 39 – Absence of Arbitration Agreement – Jurisdiction of State Government – The Supreme Court upheld the High Court's decision setting aside an arbitral award, holding that there was neither a valid arbitration agreement nor informed consent by the Municipal Council to resolve disputes through arbitration - Noted that Clause 22 of the contract, which provided for dispute referral to the Collector with subsequent appeals to the Divisional Commissioner and the State Government, constituted a departmental dispute-resolution mechanism and not an "arbitration agreement". Bharat Udyog Ltd. v. Ambernath Municipal Council, 2026 LiveLaw (SC) 291 : 2026 INSC 288 Arbitration and Conciliation Act, 1996; Section 31(7)(a) and 31(7)(b) — General Conditions of Contract (GCC); Clause 16(3) and 64(5) — Pre-award/Pendente lite Interest — Post-award Interest — The Arbitral Tribunal cannot award pre-award or pendente lite interest, even in the form of "compensation," if the contract expressly prohibits interest on amounts payable to the contractor - a contractual bar on pre-award interest does not automatically extend to post-award interest - Post-award interest is a statutory mandate under Section 31(7)(b) and is not subject to "contracting out" by parties unless the exclusion is explicit and unambiguous - The Court retains the power to modify the rate of post-award interest if it is deemed excessive or lacks justification - Key Findings and Relied-on Decisions: i. Contractual Supremacy in Pre-award Interest: Under Section 31(7)(a), the arbitrator's power to award pre-award interest is subordinate to the terms of the agreement. If a...

Supreme Court Monthly Digest: March 2026

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