In a bid to address a sharp rise in legal disputes, the Supreme Court of India on Monday ordered the establishment of two dedicated election tribunals to adjudicate all grievances arising out of state bar council elections.
The tribunals will be headed by former Supreme Court judges, Justice Deepak Gupta and Justice Hima Kohli.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi directed the Bar Council of India (BCI) to immediately secure formal consent from both retired judges to spearhead the new bodies.
“One election tribunal shall be headed by Justice Deepak Gupta and another will be headed by Justice Hima Kohli,” the bench stated during the hearing. “Let the BCI obtain consent and let the two tribunals be constituted. All grievances [regarding the elections] are to be addressed to the tribunals formed.”
Addressing the Litigation Surge
The top court’s decision comes in response to an escalating wave of litigation disrupting the conduct of bar council polls across multiple states. By channeling all election-related complaints directly to these two specialized tribunals, the Supreme Court aims to streamline the resolution process and ensure administrative stability within state bar bodies.
The Debate Over Women’s Representation
Alongside dispute resolution, the hearing touched upon the ongoing implementation of a landmark gender diversity mandate. In December 2023, the Supreme Court ordered a 30 percent reservation for women lawyers within state bar councils.
To achieve this target, the court permitted a “co-option” mechanism allowing up to 10 percent of seats to be filled by women if an insufficient number are elected through standard voting processes.
However, the “mode and manner” of this co-option has emerged as a major point of contention, with concerns raised over potential administrative misuse.
To address these concerns, the bench previously tasked an existing High-Powered Election Supervisory Committee with defining the exact rules governing the co-option process. On April 13, the Supreme Court reiterated that this supervisory committee, led by former Supreme Court Justice Sudhanshu Dhulia, will be the body responsible for determining how female candidates are co-opted to fulfill the 30 percent mandate.
The high-powered committee, originally constituted by the Chief Justice-led bench to oversee state bar council elections, also includes former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha and senior advocate V Giri.
