The Supreme Court has ordered all pending State Bar Council elections to be completed within 90 days, with strict adherence to timelines. Mandatory degree verification and high-power supervisory committees will ensure transparency, fairness, and accountability throughout the process.
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NEW DELHI: The Supreme Court has issued strong directions to the Bar Council of India (BCI) regarding long-pending State Bar Council elections. A Bench comprising Justices Surya Kant, Ujjal Bhuyan, and N.K. Singh heard the matter and expressed displeasure over prolonged delays, questionable appointments, and the need for transparent mechanisms.
During the hearing, Senior Advocate Gopal Sankarnarayanan, representing the petitioners, pointed out longstanding irregularities:
“For years, the Bar Council of India has followed a certain pattern,”
he argued, highlighting concerns over the timing and manner of recent appointments.
BCI Chairman Manan Kumar Mishra responded sharply, stating:
“You make these kinds of allegations everywhere. You’re turning the Bar Council into a mockery.”
This exchange prompted the Bench to intervene. Justice Surya Kant addressed Mishra firmly:
“Mr. Mishra, you have been in public office for long. By now you should have a thick skin. Why are you trying to pre-empt the Court? What is the message behind appointing people before we decide?”
“You could have simply placed a plan before us for conducting elections instead of forming a committee.”
Mishra informed the Court that the BCI had submitted a tentative schedule for elections in 11 State Bar Councils and stated that degree verification was underway:
“Degree verification is being done as per this Court’s directions.”
The Bench stressed that verification of advocates’ qualifications must continue:
“We need a mechanism to ensure fake degree holders don’t contest.”
— Justice Kant
Supreme Court Issues Comprehensive Directions
Elections Completed or Underway
The Court first clarified the present status of certain State Bar Councils:
- Bihar: Elections are complete, and some members have already approached the tribunal.
- Chhattisgarh: Counting is ongoing and must be completed within one month.
The Court directed that
“A proper quasi-judicial tribunal must also be made available for any challenges to the Chhattisgarh election.”
States Where Elections Are Not Due
- Odisha: Elections were held in 2023; no fresh polls required yet.
- Madhya Pradesh: Office-bearers’ terms expire in 2026.
Apart from these four States, the Court directed:
“Elections in the remaining sixteen Bar Councils must be held at the earliest in a fair, transparent and time-bound manner.”
The Bar Council of India (BCI) had proposed a schedule under its rules.
The Court accepted the plan in principle, but clarified:
“All State Bar Council elections must be completed by March 31, without implying that every Council’s election should run till that date.”
To ensure orderly and phased elections, the Bench issued specific deadlines, State-wise.
State-Wise Deadlines Issued by the Supreme Court
To be completed by January 31
- Uttar Pradesh
- Telangana
These will be conducted under the supervision of a three-member High Power Election Committee.
To be completed by February 28
- Andhra Pradesh
- Delhi
- Tripura
- Puducherry
To be completed by March 15
- Rajasthan
- West Bengal
- Jharkhand
- Karnataka
- Gujarat
- Punjab
To be completed by March 31
- Meghalaya
- Maharashtra
To be completed by April 30
- Tamil Nadu
- Kerala
- Assam
Justice Surya Kant noted firmly:
“We will constitute these committees ourselves. If the BCI wants to recommend names of retired judges, it may do so.”
The order further states that a National High-Powered Supervisory Committee will be set up, comprising:
- A former Supreme Court judge (as Chair),
- A retired Chief Justice of a High Court, and
- A senior advocate who does not contest the Bar Council elections.
The Court expressed concern that many fake degree holders may be posing as advocates, making verification essential. However, it clarified that verification cannot be misused to delay elections:
“Degree verification is mandatory, but this ongoing process cannot delay elections—just like delimitation cannot stall polls.”
To speed up verification, the Court will direct:
- Universities and law departments to send special verification teams,
- Each team must include a senior faculty member,
- Universities may charge a fee for the verification work.
Advocates who have applied for verification may still vote. However, the Court warned:
If the degree later turns out to be fake, the candidate will face consequences and cannot participate further.
The Bench emphasized:
“The election schedule must be strictly followed.”
Lawyers with grievances during the process may approach the High Power Committees. In concluding the order, the Court acknowledged:
“We record the BCI’s fair stand in facilitating transparent elections.”
Case Title:
M. VARADHAN V UNION OF INDIA AND ANR.
W.P.(C) No. 1319/2023
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