Today, On 13th November, The Supreme Court has issued a notice to the Bar Council of India on a petition challenging rules that bar office bearers of district and High Court bar associations from contesting State Bar Council elections, seeking responses from BCI and UP Bar Council.
New Delhi: The Supreme Court issued a notice to the Bar Council of India (BCI) regarding a petition that contests the regulations preventing office bearers of district and High Court bar associations from running in State Bar Council elections.
A Bench consisting of Justices Surya Kant and Joymalya Bagchi stated that the matter requires further examination, prompting requests for responses from both the BCI and the Bar Council of Uttar Pradesh.
The petition has been filed by the District Bar Association of Bulandshahar, challenging Chapter III of the Bar Council of India Uniform Rules (and Mandatory Guidelines) for the Elections of Bar Councils, 2016.
The petition argues that while officers of district and High Court bar associations are prohibited from participating in Bar Council elections, members of the Supreme Court Bar Association are allowed to do so. It claims that this differential treatment is discriminatory and infringes upon Articles 14 and 19 of the Constitution of India.
It contends,
“This classification between the office bearers of SCBA and those of the other Bar Associations lacks any reasonable nexus with the object to be achieved, and is not founded on any intelligible differentia,”
During today’s hearing, the Chairman of the District Bar Association, Bulandshahar, requested that his nomination for the State Bar Council elections be accepted.
However, the Court declined to issue any interim order.
The Court remarked,
“No. We will not allow them to contest this elections. They are lawyers. If they are not vigilant in approaching the Court… This is [challenge against] 2016 policy in 2025 November,”
Senior Advocate PB Suresh, along with Advocates Aishwarya Singh, Sughosh Subramanyam, Deeksha Gupta, and Sanskruti Samal, represented the petitioners.
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