SC directs retired HC judges to oversee State Bar Council polls, cites crisis of confidence in election process
The Supreme Court on Monday indicated that, in the interest of ensuring free and fair elections, all State Bar Council polls across the country will now be conducted under the supervision of retired High Court judges.
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi observed that there is a “crisis of confidence” not only in the Bar Council of India (BCI) but also in the State Bar Councils.
To restore credibility and transparency, the Court said each state will have an independent election committee headed by a retired High Court judge to oversee the electoral process.
BCI Chairman Manan Kumar Mishra informed the Bench that the Council had “no objection” to polls being held under the supervision of retired judges.
Justice Surya Kant remarked that elections to State Bar Councils and bar associations are among the “most challenging elections in the world,” and urged the BCI to issue election notifications at the earliest.
Mishra told the Court that the notification for Punjab and Haryana Bar Council elections would be issued on Monday, and poll dates for seven other states would be announced later this week.
Senior advocate Madhavi Divan submitted that certain Court directions were being ignored, citing how the Delhi Bar Council’s election schedule issued on 9 October was later cancelled by the BCI.
The Supreme Court’s move is expected to bring greater accountability to Bar Council elections, historically marred by intense factionalism, allegations of irregularities, and frequent legal disputes.
Legal experts say this step signals an institutional effort to reinforce democratic norms and strengthen the independence of legal bodies that regulate the profession in India.
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