New Delhi, Dec 6: The Supreme Court on Friday dismissed a petition seeking directions to prevent members of the Bar Council of India (BCI) and State Bar Councils from affiliating with political parties.
A Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan ruled that bar associations are intellectual bodies and that the political affiliations of their members do not necessarily affect their functioning. “The bar bodies are intellectual. Their functioning won’t change just because the President or Chairman has an ideology. We are a country with firm faith in democracy. We cannot direct Parliament to enact a law or anything of the sort,” the Court said.
The Bench also noted that prominent figures such as Senior Advocates Manan Kumar Mishra and Kapil Sibal, who hold key positions in the Bar Council of India and the Supreme Court Bar Association, respectively, have political backgrounds. “What is wrong if any bar member holds an ideology, including a political one? Do you want to oust Mr. Sibal as President of the SCBA? You want to remove Mr. Mishra as Chairman of the Bar Council of India?” the Court remarked.
The petition had argued that, similar to judicial officers, government employees, and armed forces personnel, bar council members should be prohibited from joining political parties or holding political positions to preserve the independence of bar bodies. The petitioner claimed such affiliations could compromise the justice delivery system.
However, the Court was not convinced by these arguments, asserting that political ideologies did not inherently undermine the independence of bar bodies. The Bench also suggested that the petitioner might consider joining a political party to better understand the dynamics involved.
In its final ruling, the Court dismissed the petition, granting the petitioner the liberty to seek recourse from other appropriate forums.
