Today, On 10th November, The Supreme Court directed that all state bar council elections be conducted under the supervision of retired high court judges, highlighting a trust deficit in the Bar Council of India and emphasising the need for transparency and fairness in the electoral process.
New Delhi: The Supreme Court announced that all state bar council elections will be conducted under the supervision of retired high court judges to ensure a fair and transparent electoral process.
A bench comprising Justices Surya Kant and Joymalya Bagchi expressed concerns about the trust deficit regarding the Bar Council of India (BCI) and state bar councils. To address this issue, an independent election panel led by retired high court judges will be established in each state to oversee the elections.
Senior advocate Manan Kumar Mishra, who chairs the Bar Council of India, stated that the BCI has no objections to the appointment of retired judges to conduct the elections for bar bodies.
Urging Mishra to announce the election dates for various states as soon as possible, Justice Kant remarked,
“State Bar council or Bar association elections are the most difficult elections on earth,”
Mishra responded that the elections for the Punjab and Haryana bar councils would be announced on Monday, with the dates for seven other states to follow within the week.
Senior advocate Madhavi Divan, representing an intervenor, highlighted issues with compliance to court orders, noting that while the Delhi Bar Council set election dates on October 9, the BCI dissolved the body the following day.
Mishra expressed a desire for the BCI to be excluded from the electoral process, advocating for elections to proceed according to their preferences. The bench clarified to Divan that the BCI cannot be removed from the election process and will appoint local retired high court judges to ensure fairness in all bar council elections.
Earlier, On October 31, the Supreme Court directed the BCI to announce elections for the Punjab and Haryana bar councils within ten days and to conduct the polls by December 31. It also instructed the apex bar body to hold elections for the Uttar Pradesh Bar Council by January 31, 2026, while addressing the legitimate concerns of electors.
These directives came after concerns were raised about the lack of election notifications for the Punjab and Haryana bar councils and the absence of an uploaded voter list for Uttar Pradesh.
Additionally, On September 24, the Supreme Court mandated that elections for state bar councils must be completed by January 31, 2026, to prevent further delays. The court emphasized that verifying lawyers’ LLB certificates cannot justify postponing the elections.
The Supreme Court was addressing multiple petitions seeking to annul Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, which allows the BCI to extend the terms of state bar council members beyond the statutory limits set by the Advocates Act of 1961.
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