Supreme Court Directs BCI to Ensure State Bar Councils Hold Elections by January 31, Proposes to Constitute Committee of Ex‑Judges to Oversee Process

Today (September 24, 2025), the three-judge bench of the Supreme Court (SC) of India, constituting Justice Surya Kant, Justice Ujjal Bhuyan, and Justice N Kotiswar Singh, directed the Bar Council of India (BCI) to ensure that State Bar Councils hold the elections by January 31, 2026. While passing the order, the bench noted that the elections of State Bar Councils across India had not been held for many years. The order reads, “Having regard to the fact that elections of State Bar Councils haven't been held for (years), we have impressed upon Senior Advocate Guru Krishnakumar, appearing for BCI, to ensure that elections of State Bar Councils are held, if not simultaneously, in a phased manner by 31st January, 2026. Senior Advocate Guru Krishnakumar requests Bench to extend the date to 3Ist of March. In the event of reluctance shown by any State Bar Council, the BCI is directed to submit a status report by 31st October 2025. In that event, we will consider as to what recourse ought to be resorted to in respect of that State Bar Council.” The bench also said that the verification of the genuineness of LLB certificates of advocates could not lead to indefinite postponement of the elections. The SC bench was hearing a batch of petitions concerning the issues related to lawyers and Bar Councils functioning.  

During the proceedings, the Senior Advocate Madhavi Divan, who appeared for the petitioner, informed the court that only 14 out of 23 State Bar Councils had entered an appearance, and a few had filed replies. Furthermore, it was noted that elections had not been held in most State Bar Councils for over two years. On the other hand, Senior Advocate Guru Krishnakumar, who appeared for the BCI, said, “On 31st of July, BCI wrote to all Bar Councils of states to set out preparatory steps for conduct of Elections. 7–8 Bar Councils have responded.” After hearing the contentions, Justice Kant said, “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.” Moreover, the top Court also told the learned counsel for the BCI, “We can constitute a Committee of former Judges, some senior advocates and we will request them to conduct or monitor the elections of all the states...it can be in a very fair, transparent manner.” Overall, the top Court bench strictly directed that all the elections be conducted by the end of January 2026.