SC May Appoint Retired HC Judges to Supervise State Bar Council Polls
New Delhi: The Supreme Court on Monday indicated that upcoming state bar council elections across the country will be conducted under the supervision of retired high court judges to ensure transparency and fairness in the process.
A bench comprising Justices Surya Kant and Joymalya Bagchi observed that there exists a “trust deficit” with both the Bar Council of India (BCI) and state bar councils. To restore confidence, the court said it plans to constitute independent election panels in each state, headed by retired high court judges.
Senior advocate Manan Kumar Mishra, who also serves as the BCI chairman, said the council had no objections to the appointment of retired judges to oversee the elections.
“State bar council or bar association elections are the most difficult elections on earth,” Justice Kant remarked, urging Mishra to notify election schedules for various states at the earliest. Mishra informed the bench that polls for the Punjab and Haryana Bar Councils would be notified on Monday, while election dates for seven other states would be announced within the week.
Senior advocate Madhavi Divan, appearing for one of the intervenors, alleged that court orders were being disregarded. She pointed out that although the Delhi Bar Council had issued a poll notification on October 9, the very next day, the BCI dissolved the council.
Responding to her concerns, Mishra said the intervenors wanted the BCI to be completely removed from the election process and for polls to be held independently. However, the bench clarified that while the BCI would not be excluded, the involvement of retired judges would ensure the elections remain impartial and credible.
Earlier, on October 31, the Supreme Court had directed the BCI to notify elections for the Punjab and Haryana Bar Councils within 10 days and complete the process by December 31. It also ordered that elections for the Uttar Pradesh Bar Council be held by January 31, 2026, and that genuine grievances of voters be addressed promptly.
The court issued these directions after it was informed that elections in Punjab and Haryana had not been announced and that the Uttar Pradesh Bar Council had yet to upload its voter list online.
In its September 24 order, the top court had also emphasized that all state bar council elections must be completed by January 31, 2026, and ruled that verification drives for lawyers’ LLB certificates cannot be used as an excuse to delay the polls.
The matter pertains to a batch of 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 tenure of state bar council members beyond the statutory period set under the Advocates Act, 1961.
