The Supreme Court on Wednesday pulled up the Bar Council of India (BCI) over long-delayed elections of State Bar Councils, making it clear that polls must be completed by January 31, 2026.
A bench of Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh passed the order while hearing petitions that flagged how several State Bar Councils have been functioning without elected representatives for years. Senior advocate Madhavi Divan, representing the petitioners, highlighted that elections have not taken place in most States for more than two years.
"Only 14 out of 23 State Bar Councils even bothered to appear," she told the court.
The bench expressed its disapproval, noting that verification of advocates’ law degrees cannot be used as an excuse to indefinitely delay elections.
"Verification or no verification, conduct elections of State Bar Councils by January 31, 2026. Otherwise, we will appoint a Court Commission. Our order is very clear, our intentions are very clear," Justice Surya Kant remarked.
Appearing for the BCI, Senior Advocate S. Guru Krishnakumar sought more time, urging the bench to push the deadline till March 2026. The judges were unconvinced. Justice Kant responded sharply,
"If you are able to hold elections of 75% States, then we may consider some relaxation in January. Start from the South, show us real progress."
The Court also directed the BCI to file a status report by October 31, 2025, flagging any State Bar Council that refuses to conduct polls.
"In the event of reluctance shown by any State Bar Council, we will decide what recourse must be taken," the bench said in its order.
The matter stems from challenges to Rule 32 of the BCI's Certificate and Place of Practice Rules, 2015, which allows extension of terms of State Bar Council members beyond statutory limits. Petitioners have argued that this provision has been misused to delay fresh elections.
With Wednesday's order, the apex court has put the onus squarely on the BCI to ensure elections are held without further excuses. The issue will return for review after the status report is filed in October next year.
