The High-Powered Election Supervisory Committee constituted by the Supreme Court has stayed the implementation of a resolution passed by the Bar Council of India (BCI) seeking to increase the number of elected members in State Bar Councils during the ongoing elections, holding that the move is contrary to the Advocates Act, 1961, and the Supreme Court’s earlier directions.
The three-member Committee, headed by former Supreme Court judge Justice Sudhanshu Dhulia and comprising former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha and Senior Advocate V Giri, passed the order on July 23 while hearing an appeal challenging the BCI’s July 19, 2026 resolution and a consequential communication issued on July 21.
The impugned resolution proposed increasing the strength of State Bar Councils to accommodate women’s reservation, as mandated by the Supreme Court. Under the proposal, candidates already elected within the existing sanctioned strength would retain their seats, while additional seats would be created proportionately for women.
The Committee, however, held that the proposal could not be implemented during the ongoing election cycle. It observed that the resolution not only violated the statutory framework governing the present elections but was also in direct breach of the Supreme Court’s order passed on December 8, 2025. The Committee noted that elections were being conducted for a fixed number of seats prescribed under the Advocates Act and that results had already been declared in several States.
It also objected to portions of the BCI resolution that purported to issue directions to Returning Officers and the High-Powered Election Committees constituted by the Supreme Court to supervise the elections. The Committee held that such directions could not be implemented for the current election process.
During the proceedings, BCI Additional Secretary Awanish Pandey submitted that the resolution was merely a proposal and would be implemented only after obtaining approval in accordance with law. Recording the statement, the Committee observed that if the resolution was only a proposal, it could not take effect unless approved by the competent authorities.
It further noted that issues concerning Bar Council elections are already pending before the Supreme Court and any such proposal would also require the Court’s approval.
As a precautionary measure, the Committee directed all High-Powered Election Committees and Returning Officers across the country not to act upon the BCI resolution dated July 19, 2026 or the accompanying communication dated July 21, 2026. It also directed that vote counting should continue strictly in accordance with its earlier order dated February 9, 2026.
The Committee further directed the Principal Secretary of BCI to circulate its order to all High-Powered Election Committees and Returning Officers and submit a compliance report. The development comes days after the Supreme Court orally observed that if the strength of Bar Council seats is increased, women’s representation must also increase proportionately.
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