The Supreme Court has directed all State Bar Councils across India to hold elections by January 31, 2026, noting that many Councils have not conducted elections for several years.

“Having regard to the fact that elections to the State Bar Councils have not been held for decades, we have impressed upon learned senior counsel for the Bar Council of India to ensure that elections of all State Bar Councils are held, if not simultaneously, in a phased manner, by January 31, 2026,” the Court ordered.

The Court also observed that the verification of LLB certificates of advocates should not indefinitely delay elections. During the hearing, it was pointed out that verification has uncovered fake voters and instances where criminals posing as lawyers have been involved in violence.

A bench of Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh was hearing a writ petition challenging 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 limits prescribed under the Advocates Act, 1961. Notice on the petition was issued in 2023.

Senior Advocate Madhavi Divan, representing the petitioner, informed the Court that only 14 out of 23 State Bar Councils have participated and filed replies, and that in several states, elections have not been held for over two years. She urged the Court to allow elections to proceed immediately, even while the challenge to Rule 32 is pending, to prevent indefinite postponement due to verification delays.

The Court instructed the BCI to present a detailed election schedule at the next hearing. Senior Advocate S. Guru Krishnakumar, representing BCI, said that 50% of verification work is complete and that preparatory steps for elections have been communicated to all State Bar Councils.

Justice Surya Kant compared the time taken by BCI for verification with the Election Commission of India’s efficiency during general elections, and stressed:

“Verification or no verification, conduct all elections of the State Bar Councils by January 31… otherwise we will appoint a Court Commission to conduct the elections and those who do not participate will be dismembered. Our order is very clear, our intentions are very clear.”

When BCI requested extension till March 2026, the Court stated that if 75% of states conduct elections, a consideration for adjustment could be made, but emphasized that elections should begin in the southern states and progress in phases.

Justice Kant also suggested the constitution of a Committee comprising former judges and senior advocates to monitor and ensure fair and transparent elections. He clarified that the Court’s directions do not impede States willing to hold elections immediately.

Case Title: M. VARADHAN v. UNION OF INDIA & ANR., WP(C) No. 1319/2023 (and connected cases)