New Delhi, Nov 10: The Supreme Court on Monday indicated that upcoming elections to all state bar councils will likely be conducted under the supervision of retired high court judges to ensure transparency and fairness.
A bench comprising Justices Surya Kant and Joymalya Bagchi observed that a “trust deficit” exists with both the Bar Council of India (BCI) and state bar councils, prompting the need for an independent election mechanism headed by retired judges in each state.
Senior advocate and BCI chairman Manan Kumar Mishra said the BCI had no objections to retired judges being appointed to oversee the polls. “State Bar Council or Bar Association elections are the most difficult elections on earth,” Justice Kant remarked, urging Mishra to notify poll dates at the earliest.
Mishra informed the court that elections for the Punjab and Haryana bar councils would be notified on Monday, while poll dates for seven other states would be announced within the week.
Senior advocate Madhavi Divan, appearing for an intervenor, argued that court directives were being disregarded, noting that the Delhi Bar Council’s election notification on October 9 was followed by its dissolution by the BCI the very next day.
The bench, however, clarified that the BCI cannot be excluded from the process, but fairness would be ensured through judicial oversight by retired high court judges.
On October 31, the Supreme Court had directed the BCI to notify elections for the Punjab and Haryana bar councils within ten days and complete polling by December 31. It also ordered elections for the Uttar Pradesh Bar Council by January 31, 2026, stressing that pending verification of lawyers’ LLB certificates could not be used as an excuse for delays.
The court was hearing petitions challenging Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, which allows the BCI to extend the term of state bar council members beyond statutory limits under the Advocates Act, 1961. (Agencies)
