Supreme Court Election Panel Stays BCI Resolution to Increase State Bar Council Seats During Ongoing Elections

July 27, 2026 : The High-Powered Election Supervisory Committee constituted by the Supreme Court has stayed the implementation of the Bar Council of India’s (BCI) resolution proposing an increase in the number of elected members in State Bar Councils during the ongoing elections. The Committee held that the move is inconsistent with the provisions of the Advocates Act, 1961 and violates the Supreme Court’s earlier directions governing the conduct of Bar Council elections.

The three-member Committee, headed by former Supreme Court judge Justice Sudhanshu Dhulia, along with former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha and Senior Advocate V. Giri, passed the order on July 23 while deciding an appeal against the BCI’s resolution dated July 19, 2026 and the subsequent communication issued on July 21.

The disputed resolution sought to expand the strength of State Bar Councils to facilitate reservation for women, in line with the Supreme Court’s directions. It proposed that candidates already elected within the existing sanctioned strength would continue in office while additional seats would be created proportionately to accommodate women representatives.

However, the Committee ruled that such a proposal cannot be implemented in the middle of an ongoing election process. It observed that elections are being conducted strictly for the number of seats prescribed under the Advocates Act, 1961, and results have already been declared in several States. Altering the composition of elected bodies at this stage would be contrary to the statutory framework and the Supreme Court’s order dated December 8, 2025.

The Committee also objected to the BCI’s attempt to issue directions to Returning Officers and the High-Powered Election Committees constituted by the Supreme Court, observing that such instructions could not govern the current election process.

During the hearing, BCI Additional Secretary Awanish Pandey informed the Committee that the July 19 resolution was only a proposal and would be implemented only after obtaining all approvals required under law. Recording this statement, the Committee clarified that the proposal cannot take effect unless approved by the competent authorities and, since issues relating to Bar Council elections are already pending before the Supreme Court, any such proposal would also require the Court’s approval.

As an interim safeguard, the Committee directed all High-Powered Election Committees and Returning Officers across the country not to act upon the BCI’s July 19 resolution or the communication dated July 21. It further ordered that vote counting should continue strictly in accordance with its earlier directions issued on February 9, 2026.

The Committee also instructed the Principal Secretary of the Bar Council of India to circulate its order to all High-Powered Election Committees and Returning Officers and submit a compliance report before it.

The development comes shortly after the Supreme Court observed that if the strength of State Bar Councils is increased, women’s representation must also rise proportionately. However, the Committee has made it clear that any such structural change must be carried out strictly in accordance with the Advocates Act and with the approval of the Supreme Court, and cannot be introduced while the election process is underway.