Institute of Legal and Management Studies

Noting that the elections of State Bar Councils across India have not been held since many years, the Supreme Court today asked the Bar Councils to hold the elections by January 31, 2026.

"Having regard to the fact that elections to the State Bar Councils have not been held for decades, we have impressed upon ld. senior counsel appearing for the Bar Council of India to ensure that elections of all State Bar Councils are held, if not simultaneously, in phased manner, by January 31, 2026", the Court ordered.

Orally, the Court also indicated that the verification of genuineness of LLB certificates of advocates shall not per se lead to indefinite postponement of the elections. In this regard, the Court was informed that the verification process has revealed figures of fake voters. Hearing the same, the Court lamented that there are not only voters with fake LLB degrees, but sometimes even hardened criminals come in lawyers' robes and indulge in violence.

A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh was dealing with a writ petition seeking to quash Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, which empowers BCI to extend the term of State Bar Council members beyond the statutory limits prescribed under the Advocates Act 1961. Notice on this petition was issued in 2023.

Senior Advocate Madhavi Divan, for petitioner, informed the Court that only 14 out of 23 State Bar Councils have entered appearance and a few have filed replies. She further claimed that in most State Bar Councils, elections have not been held since over 2 years. The senior counsel also urged that the hearing of challenge to Rule 32 can be fixed for some date, but in the meantime, there may be a direction to hold the elections as the same cannot be indefinitely postponed citing pendency of verification of advocates' LLB certificates.

Hearing her, the bench called on the BCI to come up with an election schedule on the next date. Senior Advocate S Guru Krishnakumar, for BCI, informed the Court that BCI has written to all State Bar Councils to set out the preparatory steps for conducting elections at the earliest. So far as verification is concerned, "50% of the work is complete", he said.

At this point, Justice Kant contrasted the time taken by BCI to conduct verification with the exercise undertaken by the Election Commission of India during elections. "Verification or no verification, conduct all elections of the State Bar Councils by January 31...otherwise we will appoint a Court Commission to conduct the elections and those who do not participate will be dismembered. Our order is very clear, our intentions are very clear", the judge said.

When Krishnakumar requested that time may be granted till March, 2026, Justice Kant replied, "if you are able to hold elections of 75% states, then we will consider a discount in January". The judge said that the process may be started from southern states, and as it goes on, if there are bonafide efforts by the Bar Councils, the Court will provide assistance.

Subsequently, Divan submitted that some State Bar Councils, which are willing to hold the elections, should not be impeded in their efforts. On this, Justice Kant said that the Court's order is not stopping them.

The judge also told Krishnakumar that BCI should come forward with an application for appointment of a Commission for the elections. "We can constitute a Committee of former Judges, some senior advocates and we will request them to conduct or monitor the elections of all the states...it can be in a very fair, transparent manner", Justice Kant said.

Case Title: M. VARADHAN v. UNION OF INDIA & ANR., WP(C) No. 1319/2023 (and connected cases)