After Kerala High Court raps BCI for increase in poll nomination fees, BCI threatens judges with transfer

Bar Council of India (BCI) has written to Chief Justice of India (CJI) Justice Surya Kant expressing strong concern over certain oral observations made by a single-judge of the Kerala High Court while hearing a case against the increase in nomination fees for the State Bar Council elections..The letter by BCI Chairman and senior counsel Manan Kumar Mishra, described the remarks by the judge as baseless and reckless, stating that they disturbed the constitutional balance between the Bar and the Bench.It pointed out that the Kerala High Court entertained the petition despite binding directions of the Supreme Court restraining all courts from hearing election related matters connected to Bar Council polls."I write to respectfully place before your Lordship the Bar Council of India's serious institutional reaction to certain baseless and reckless oral observations made by a Hon'ble Single Judge of the Kerala High Court while entertaining a challenge to the nomination fee prescribed for State Bar Council elections, despite clear, binding, and widely publicised directions of this Hon'ble Court restraining all High Courts and other courts from entertaining election-related petitions," the letter stated.Pertinently, the BCI has threatened to pursue administrative measures including transfer of judges who indulge in "malpractices and undermine institutional balance and public confidence". The controversy arose after the BCI increased the nomination fee for State Bar Council elections from ₹5,000 to ₹1.25 lakh, a hike of nearly 2,400 percent.The decision was challenged before the Kerala High Court, where single-judge Justice Bechu Kurian Thomas made critical observations against the BCI while hearing the matter.In its letter to the CJI, the BCI emphasised that it had consistently acted with restraint and showed respect to the judiciary, even though they were aware of many lapses and malpractices within the judicial system. It said that this silence was meant to preserve institutional dignity and not to invite unwarranted attacks on elected representative bodies of advocates..The council stressed that making sweeping remarks during an election process which is conducted under the direct supervision of the Supreme Court, could lead to unnecessary tension between institutions.The BCI also clarified the concerns surrounding the nomination fee, stating that the entire amount collected in State Bar Council election goes exclusively to the respective State Bar Councils. It stated that the BCI neither receives nor benefits from any portion of the fee and that the ₹1.25 lakh fee formed part of the election framework already placed before and approved by the Supreme Court.The letter also highlighted the heavy financial burden borne by the BCI in conducting elections under the Supreme Court's directions, further adding that it is required to spend over ₹20 crore towards travel, accommodation and honorarium of former judges serving on High Powered Election Committee and Supervisory Committees and these expense are entirely funded by the legal fraternity, without any government or external assistance..Seeking the CJI's intervention, the BCI requested issuance of appropriate advisories or directions to ensure that election related matter remained confined to the exclusive mechanism constituted by the Supreme Court and that judicial restraint is maintained to avoid unnecessary conflicts.The BCI also emphasised that if baseless attacks like this continue, then it will be compelled to take measures, including transfer of judges who are found to be undermining institutional balance and public confidence..[Read Letter].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.