The Supreme Court directs the Bar Council of India to ensure State Bar Council elections are conducted by January 31, 2026, warning of court intervention for non-compliance.
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NEW DELHI: The Supreme Court of India has emphasized the urgent need for State Bar Council elections, directing the Bar Council of India (BCI) to ensure that all elections are conducted by January 31, 2026, either simultaneously across states or in a phased manner. This comes in the wake of prolonged delays in the elections of various State Bar Councils, some of which have not held elections for over two years.
Supreme Court Orders
The Bench, consisting of Justices Surya Kant, Ujjal Bhuyan, and NK Singh, was hearing a batch of petitions relating to the functioning of Bar Councils and issues concerning lawyers. The Court expressed concern over the delayed elections and instructed the BCI to submit a status report by October 31, 2025, if any State Bar Council shows reluctance to hold elections.
Senior Advocate Guru Krishnakumar, appearing for the BCI, had requested an extension for the elections until March 2026, citing practical difficulties. However, the Court made it clear that it expects the elections to be held by the end of January 2026, stating:
“Please start something. Frankly speaking, if you want to conduct it, you can do it within two weeks. After all, the legal community is the voters. They would be waiting to participate… 31st January is a good time.”
– Justice Surya Kant
The Court also warned that failure to comply may lead to the appointment of a court commission to oversee the elections:
“Conduct all elections of State Bar Councils soon. Otherwise we will appoint a court commission. We will conduct the election and those who don’t participate, we will dis-member them. Our intentions are very clear.”
Justice Kant, however, drew a stark comparison with the Election Commission of India, noting that verification should not delay the process:
“Verification or no verification, conduct all elections of the State Bar Councils by January 31…otherwise we will appoint a Court Commission to conduct the elections and those who do not participate will be dismembered. Our order is very clear, our intentions are very clear.”
Current Status of State Bar Council Elections
The BCI informed the Court that it had written to all State Bar Councils on July 31, 2025, asking them to take preparatory steps for the elections. Only 7–8 councils have responded so far. Out of 23 State Bar Councils, only 14 have participated in the proceedings, and very few have filed replies.
The Telangana Bar Council requested a slight extension to February 2026, but the Court was not inclined to grant this. The Supreme Court reiterated that elections could be conducted simultaneously or in a phased manner, but should not be delayed any further.
Karnataka Bar Council:
A related plea for the reconstitution of the Karnataka State Bar Council (KSBC) was recently heard by the Karnataka High Court. The High Court noted that a final voter list will be circulated soon, but refrained from setting a date for the elections, as the Supreme Court is currently addressing related matters.
Case Title:
M Varadhan v. Union of India and anr and connected matters
WP(C) No. 1319/2023 (and connected cases)
Read Order:
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