Supreme Court Refuses To Entertain Plea Challenging BCI Elections & Seeking Directions For 30% Women Reservation In State Bar Councils

The Supreme Court of India on Friday refused to entertain a writ petition filed by two advocates challenging the notification issued by the Bar Council of India for holding the elections of its Office-Bearers on 06.02.2022 and seeking reservation of at least 30% seats for the women in the State Bar Councils. 

In response to petitioners' request for permission to approach BCI for redressal of their grievances particularly with regard to the reservation for the women lawyers, a Bench comprising Justice L Nageswara Rao and Justice Abhay Oka granted them liberty to approach the Bar Council of India. 

The Bar Council of India and Bar Council of India Trust were represented before the Court through Senior Advocate Sidharth Luthra, Advocates Preetpal Singh and Anjul Dwivedi. The petitioners were represented through Advocate Radhika Gautam.

Earlier, similar writ petitions were filed seeking a stay on the elections in Himachal Pradesh High Court and Karnataka High Court. While Himachal Pradesh High Court refused to grant any interim relief, the High Court of Karnataka while refusing to stay the elections directed the Bar Council of India not to announce the results of elections and to keep the Ballot Papers under sealed cover to be produced before the Court on 18th February.

BCI Decides To Hold Elections But Keep Results In Sealed Cover, Appoint Former Chief Justice Of High Court As Observer: 

The Bar Council Of India has decided to hold the elections but will keep the results in a sealed cover. The decision has been taken in order to comply with Karnataka High Court's direction.

According to a press release issued by the BCI, the Council has decided to appoint a former Chief Justice and a former Judge of a High Court to be the Observers for the said elections. BCI has stated that there is neither any such requirement under the Rule nor there is any such direction of any Court to this effect, but BCI has taken the decision to maintain and show fairness and full transparency in the transaction of its business.

Details Of Petition Before Supreme Court:

A writ petition under Article 32 of the Constitution was filed seeking quashing of Election Notification issued by Bar Council of India for holding the elections of its Office-Bearers i.e. Chairman and ViceChairman. The Elections are fixed for 06.02.2022.

The petitioners also sought a direction against the Bar Council of India by which the Bar Council of India is planning to enhance the tenure of State Bar Councils due to ongoing pandemic situation.

The petition sought directions to abolish the Bar Council of India Trust for Promotion of Education (Legal & Professional) and Reforms in Law and For Improvement of Research and Social Training ( Bar Council of India Trust-PEARL-FIRST").

Further directions were sought to Bar Council of India to undertake the schemes, which are sought to be implemented through the said Trust, directly by Bar Council of India and not through the Trust created in the year 2020.

The petitioners argued that as the tenure of the Office Bearers is going to be completed in the month of April, 2022, there is no sense in holding the election in the month of February i.e. about two months prior to the completion of the tenure of the present Office-Bearers.

According to the petitioners, the enhancement of tenure of Office-Bearers by the Bar Council of India is violative of Article-14 and 19 of the Constitution of India.

The petitioner's also submitted that the representatives of female Members in the State Bar Council is negligible today and women lawyers have no protection and there is no specific welfare schemes generated either by BCI or State Bar Council for the women advocates.

The petition argued that during the pandemic the Council has not done any effective work for the lawyers of the country. Therefore, a direction was sought against the Bar Council of India to undertake the welfare schemes for Advocates effectively.

The petition also raised objection with regard to the establishment of the India International Law University at Goa and Indian Institute of Law at Bhubaneswar by the Bar Council of India through the Trust. It contended that instead of conducting national/special Moot Court Competition, seminar/symposiums through the said Bar Council of India Trust, BCI should directly undertake to hold all these programmes.

The grounds for the said contention was that though the National Law School of India University, Bangalore was established by the previous trust of Bar Council of India in the year 1986 but, the lawyers are not getting benefit out of the said institution, nor is the Bar Council of India is getting any monetary benefit out of the profit made by the NLSIU, Bangalore. Therefore, in the opinion of the petitioner the investment of the fund of Bar Council of India either for the International Law University at Goa or the Indian Institute of Law at Bhubaneswar through the Trust could be wastage of money and will be of no benefit to the Advocates.

Land Already Transferred By Goa Government To BCI For Establishment Of International Law University at Goa: BCI

The Bar Council of India has in its press release stated that the Government of Goa has already transferred 50 Acres of land to the Bar Council of India and its Trust for the establishment of International Law University at Goa.

Land Of Odisha Government Already Provided To BCI & Trust For Establishment Of Indian Institute of Law at Bhubaneswar: BCI

The BCI has also stated in its press release that the land of Odisha Government and KIIT has been provided to the Bar Council of India and its Trust for establishment of Indian Institute of Law at Bhubaneswar, Odisha, A Model Institute of Legal Training, Research and Continuous Legal Education and Teachers Academy. The foundation stone was laid in February, 2021 itself.

Case Title: Pooja Gupta & Anr vs Bar Council of India & Anr 

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