New Delhi: The Supreme Court of India on Monday indicated that all future state bar council elections will be conducted under the supervision of retired High Court judges to ensure a free and fair electoral process.
A bench comprising Justices Surya Kant and Joymalya Bagchi observed that a “trust deficit” exists concerning the Bar Council of India (BCI) and the various state bar councils. Consequently, the bench proposed the appointment of an independent election panel headed by a retired High Court judge in each state to oversee the elections.
The matter was heard in the presence of Senior Advocate Manan Kumar Mishra, who is also the Chairman of the Bar Council of India. Mr. Mishra informed the bench that the BCI does not have any objections if retired judges are appointed to conduct the elections for the bar bodies.
During the hearing, Justice Surya Kant remarked, “State Bar council or Bar association elections are the most difficult elections on earth.” He urged Mr. Mishra to notify the elections for different states as early as possible.
Mr. Mishra stated that the elections for the Punjab and Haryana bar councils would be notified on Monday, with dates for seven other states to be notified within the week.
Senior Advocate Madhavi Divan, appearing for an intervenor, submitted to the court that its orders were being flouted. She highlighted that the Delhi Bar Council notified election dates on October 9, only for the Bar Council of India to issue a notice dissolving the body on October 10.
In response, Mr. Mishra contended that “they want the Bar Council of India (BCI) to be ousted from the poll process and want the elections to be held according to their wishes.”
The bench clarified to Ms. Divan that the BCI “cannot be ousted from the election process.” It reiterated that to ensure fairness, the court would appoint local retired High Court judges to oversee all bar council elections.
This hearing is part of a series of proceedings where the top court has addressed delays in bar council elections. On October 31, the court had directed the BCI to notify elections for the Punjab and Haryana bar councils within 10 days and to hold the polls by December 31. It had also mandated that elections for the Uttar Pradesh Bar Council be held by January 31, 2026, and that genuine grievances of electors be addressed.
These directions were issued after it was pointed out that elections for the Punjab and Haryana councils had not been notified and that the voter list in Uttar Pradesh was not being uploaded to the website.
The Supreme Court, in a hearing on September 24, had set a general deadline, stating that elections in state bar councils must be held by January 31, 2026, and emphasized that the verification drives for lawyers’ LLB certificates “cannot be a ground for postponing the elections.”
The court was hearing a batch of pleas seeking to quash Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. This rule empowers the BCI to extend the term of state Bar council members beyond the statutory limits prescribed under the Advocates Act, 1961.
