Supreme Court Directs BCI To Ensure Conduct Of All State Bar Council Elections by 31 January 2026
The Apex Court also said that the process of verification of the genuineness of Advocates degrees and enrolments was not a valid ground to postpone the election of the State Bar Council.
Supreme Court of India, Justice Surya Kant, Justice Ujjal Bhuyan and Justice N. Kotiswar Singh
Today , the Supreme Court directed the Bar Council of India to ensure that State Bar Councils elections will be conducted in all States by January 31, 2025.
The Bench of Justice Surya Kant, Justice Ujjal Bhuyan and Justice N. Kotiswar Singh heard the matter and observed, “In the event of any reluctance shown by any State Bar Council, the Bar Council of India is directed to submit a status report by October 31, 2025. In that event, we will consider, as to what recourse to be resorted to in respect of that State Bar Council.”
Senior Advocate Madhavi Diwan, appearing for the Petitioners, pointed out the matter was concerning State Bar Council elections and only 14 out of 23 States have entered appearance in the matter.
“Elections have not happened for more than two years in most States…There can be some directions on their excuse for not holding elections”, submitted the Counsel.
Senior Advocate, Dr. S. Gurukrishna Kumar appeared on behalf of the Bar Council of India.
Justice Surya Kant remarked that irrespective of verification of the genuineness of Advocates degrees and enrolments, the elections of all State Bar Councils should be conducted by December 31, 2025.
“Otherwise we will appoint a Court Commission, they will conduct the election”, said Justice Kant.
Justice Kant recorded in the Order that State Bar Council elections had not been conducted for more than decade. Thereafter, it was directed to the Bar Council of India shall ensure that elections of all State Bar Councils will be held by December 31, 2025. However, on the request of Kumar, the Court directed that elections be held by January 31, 2025.
“Can it be March?”, further requested Kumar.
To which, Justice Kant replied, “If you are able to hold elections of 75% of the States, then we will consider in January.”
The Apex Court also recorded in its Order, “In the event of any reluctance shown by any State Bar Council, the Bar Council of India is directed to submit a status report by October 31, 2025. In that event, we will consider, as to what recourse to be resorted to in respect of that State Bar Council.”
Upon which, Kumar again insisted that the deadline should be extended to March as it will be more realistic.
“You start from the extreme South…we will see what are the impediments coming. If you are bonafide, we will provide the Court's assistance, but first show that you have really done something”, Justice Kant said.
The Apex Court also observed that the process of verification of advocates who are enrolled with the State Bar Councils for scrutinizing the genuineness of their degrees and enrolments was not a valid ground to postpone the election of the State Bar Council.
Accordingly, the matter was adjourned.
Cause Title: M. Varadhan Vs. Union Of India (Writ Petition(s)(Civil) No(s).1319/2023 )
