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SC Orders Retired HC Judges to Oversee All State Bar Council Elections, Cites “Trust Deficit” in Bar Council of India

SC Orders Retired HC Judges to Oversee All State Bar Council Elections, Cites “Trust Deficit” in Bar Council of India

Bar Council elections

The Supreme Court of India on 10 November 2025 directed that all upcoming elections for State Bar Councils across the country be conducted under the supervision of retired High Court judges. This landmark decision aims to ensure free, fair, and transparent polls in light of a noted “trust deficit” in the Bar Council of India (BCI) and several state bar councils.

The order was passed by a bench comprising Justice Surya Kant and Justice Joymalya Bagchi during hearings addressing concerns over irregularities and administrative issues affecting the conduct of bar elections.

The top court was hearing a batch of pleas seeking to quash Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, which empowers the BCI to extend the term of state Bar council members beyond the statutory limits prescribed under the Advocates Act 1961.

Senior Advocate Manan Kumar Mishra, Chairperson of the BCI, expressed no objection to the appointment of retired High Court judges as election overseers. The Court acknowledged that elections to State Bar Councils and Bar Associations are among the most complex electoral exercises, urging the prompt notification and conduct of these polls.

The Supreme Court directed the BCI to notify elections for the Punjab and Haryana Bar Councils immediately, with polling to be conducted by 31 December 2025. It also mandated elections for the Uttar Pradesh Bar Council to be held by 31 January 2026, emphasizing the need to address bona fide grievances of voters promptly.

The decision comes amid allegations of non-compliance and administrative lapses by the BCI, including disputes over voter list verification and election scheduling. The apex court underscored that procedural compliance cannot justify undue postponements.