The Bar Council of India (BCI) has approached the Chief Justice of India (CJI), objecting to the Kerala High Court’s remarks on State Bar Council elections, arguing that once the Supreme Court approves the election framework, High Courts lack jurisdiction to intervene.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Bar Council of India (BCI) formally approached Chief Justice of India, Justice Surya Kant, expressing serious institutional concern over “baseless and reckless” oral remarks made by a judge of the Kerala High Court during proceedings connected to the Kerala State Bar Council elections.
In a letter dated January 26, BCI Chairman Manan Kumar Mishra objected to the High Court entertaining a challenge to the nomination fee prescribed for the elections, despite binding directions of the Supreme Court restraining High Courts and other courts from entertaining election-related petitions.
The controversy arose when the Kerala High Court considered a petition challenging the Rs 1.25 lakh nomination fee for the Bar Council elections. According to the BCI, the election framework, including the fee structure, had already been placed before and approved by the Supreme Court.
“Once such a framework stands approved and the field stands expressly occupied by this Hon’ble Court, the entertainment of a challenge by a High Court was wholly unwarranted,”
the letter stated.
While emphasizing its long-standing restraint in publicly criticising the judiciary, the BCI acknowledged that it is “acutely aware of excesses, lapses and malpractices within certain quarters of the judicial system.” However, it stated that silence should not be mistaken for acquiescence or institutional weakness.
“Sweeping observations casting aspersions on the Bar Council of India during an election being conducted under the direct supervision of this Hon’ble Court disturb the constitutional balance between the Bar and the Bench,”
the letter noted.
The BCI warned that such remarks risk converting mutual respect between the Bar and the Bench into institutional friction, thereby undermining public confidence in both institutions.
Addressing concerns raised during the High Court proceedings, the BCI clarified that the entire amount collected through nomination fees vests exclusively with the respective State Bar Councils. The Bar Council of India, it said, does not receive or benefit from any portion of the fee.
The letter further highlighted the significant financial burden borne by the legal fraternity pursuant to Supreme Court directions. According to the BCI, it would be compelled to incur expenditure exceeding Rs 20 crore towards travel, boarding, lodging and honorarium of chairpersons and members of High-Powered Election Committees and the Election Supervisory Committee, all of whom are former High Court judges.
“These expenses are borne entirely by funds contributed by the legal fraternity, without any government or external financial assistance,”
the letter said.
Urging the Chief Justice of India to intervene, the BCI requested that appropriate advisories or directions be issued to ensure that election-related disputes remain confined to the exclusive mechanism constituted by the Supreme Court.
The letter also issued a cautionary note, stating that if such attacks persist, advocates and their representative bodies may be compelled to resort to lawful collective protest, agitation, and appropriate constitutional and legal remedies, including seeking administrative action.
Click Here to Read Previous Reports on Bar Council Elections
