Today, the Supreme Court asked Attorney General R Venkataramani to consider a plea seeking an increase in the statutory strength of State Bar Councils (SBCs), which is currently capped at 25 members under Section 3(2)(b) of the Advocates Act, 1961.

A bench of Justices Joymalya Bagchi and V Mohana passed the order while hearing a writ petition filed by advocate Rohit Pandey, who had contested the 2026 Bar Council of Delhi elections.

The petitioner has challenged the 25-member limit, arguing that the restriction was prescribed when the Advocates Act was enacted in 1961, when the number of registered advocates was significantly lower.

He submitted that the electorate has since expanded substantially and that the strength of elected representatives should correspond with the number of advocates registered with a State Bar Council.

The plea pointed out that the Bar Council of Delhi currently has around two lakh registered advocates, making adequate and proportionate representation necessary.

Pandey secured 2,259 votes in this year's Bar Council of Delhi elections but fell short of the vote count required to be among the 25 elected members.

The petition also raised an issue concerning the Supreme Court's direction providing 30% representation to women advocates in State Bar Councils. It claimed that a woman candidate who secured 265 votes was declared elected despite receiving significantly fewer votes than Pandey.

Senior Advocate Vikas Singh and other senior counsel appearing in the matter argued that Article 142 of the Constitution cannot be invoked to pass an order contrary to the statutory framework under the Advocates Act.

The Supreme Court, however, said it was conscious of the limitations on its judicial powers and therefore chose to seek the Attorney General's consideration of the issue.

“We are absolutely aware of the judicial limitation, and that's why requesting the Attorney General,” Justice Bagchi observed.

The Court also indicated that it would consider the matter further if the Attorney General takes a contrary view.

The order follows a similar direction passed by the Supreme Court on September 2 in a plea seeking an increase in the strength of the Bar Councils of Maharashtra and Goa. At that time, the Court observed that the issue involved a policy decision and asked the Attorney General to treat the petition as a representation and take an appropriate decision in consultation with the concerned State Bar Councils.

In a subsequent petition concerning the strength of the Bar Council of Tamil Nadu and the implementation of 30% representation for women advocates, the bench clarified that the September 2 direction would apply across the country.

The issue of women's representation in State Bar Councils also follows the Supreme Court's December 8, 2025 decision in Yogamaya MG v Union of India, in which the Court directed 30% reservation of seats in State Bar Councils for women advocates.