The Supreme Court on Thursday issued notice to the Bar Council of India (BCI) on a petition challenging the rules that prohibit officers bearers of district and High Court bar associations from contesting State Bar Council elections.
A Bench of Justices Surya Kant and Joymalya Bagchi said that the issue requires consideration, as it sought responses from the BCI and the Bar Council of Uttar Pradesh on the petition moved by District Bar Association, Bulandshahar.
The petition essentially challenges Chapter III of the Bar Council of India Uniform Rules (and Mandatory Guidelines) for the Elections of Bar Councils, 2016.
It has been argued that while officers bearers of district and High Court bar associations stand restrained from contesting Bar Council elections, the office bearers of Supreme Court Bar Association are allowed to do so.
Thus, the plea contends that the rules are discriminatory and violative of Articles 14 and 19 of the Constitution of India.
"This classification between the office bearers of SCBA and those of the other Bar Associations lacks any reasonable nexus with the object to be achieved, and is not founded on any intelligible differentia," it states.
During the hearing today, Chairman of the District Bar Association, Bulandshahar submitted that his nomination may be directed to be accepted for the State Bar Council elections.
However, the Court declined to pass any interim order.
"No. We will not allow them to contest this elections. They are lawyers. If they are not vigilant in approaching the Court… This is [challenge against] 2016 policy in 2025 November," it said.
Senior Advocate PB Suresh along with Advocates Aishwarya Singh, Sughosh Subramanyam, Deeksha Gupta and Sanskruti Samal appeared for the petitioners.