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BCI Writes to CJI Over ‘Baseless and Reckless’ Remarks by Kerala High Court Judge on Bar Council Elections

BCI Writes to CJI Over ‘Baseless and Reckless’ Remarks by Kerala High Court Judge on Bar Council Elections

BCI letter to CJI over remarks

The Bar Council of India (BCI) has written to Chief Justice of India Justice Surya Kant expressing serious institutional concern over what it termed “baseless and reckless” oral observations made by a Single Judge of the Kerala High Court while entertaining a challenge to the nomination fee prescribed for State Bar Council elections.

In a letter dated 26 January 2026, BCI Chairman and Senior Advocate Manan Kumar Mishra stated that the remarks were made despite clear and binding directions of the Supreme Court restraining all High Courts from entertaining election-related petitions concerning Bar Council elections. The BCI asserted that once the election framework, including the nomination fee of ₹1.25 lakh, had been approved by the Supreme Court, any interference by a High Court was wholly unwarranted.

The BCI emphasised that it is the apex statutory body representing advocates nationwide and has consistently exercised restraint to preserve institutional balance between the Bar and the Bench. It clarified that the entire nomination fee vests with the respective State Bar Councils and that the BCI does not derive any financial benefit from it. The Council also highlighted that it is incurring expenditure exceeding ₹20 crore for conducting elections strictly in accordance with Supreme Court directions, without any governmental assistance.

Warning that restraint should not be mistaken for weakness, the BCI urged the CJI to issue appropriate advisories or directions to ensure that election-related matters remain confined to the mechanism constituted by the Supreme Court. It cautioned that continued unwarranted attacks on elected bodies of advocates could compel the Bar to resort to lawful collective protest and appropriate constitutional remedies, while reiterating its highest regard for the judiciary and commitment to maintaining institutional harmony.