The Supreme Court has questioned the Bar Council of India (BCI) over its failure to provide adequate honorarium and travel allowances to retired High Court judges appointed to oversee State Bar Council elections, flagging concerns over dignity, accountability, and compliance with its own directions. The Court sought an immediate response, indicating that institutional lapses in election oversight will not be overlooked.
The issue was raised before a Bench led by Chief Justice of India Surya Kant on an oral mention by Senior Advocate V Giri, a member of the High-Powered Election Supervisory Committee constituted by the Court. Giri pointed out that the BCI had resisted proposals to pay a reasonable honorarium to former Chief Justices and judges tasked with supervising elections, citing financial constraints.
He also drew the Court’s attention to the BCI’s decision to independently constitute a committee for Rajasthan Bar Council elections, despite a prior Supreme Court order setting up court-monitored election committees across States.
The Bench, comprising CJI Surya Kant along with Justice R. Mahadevan and Justice Joymalya Bagchi, expressed strong disapproval of the BCI’s stance, questioning both the denial of allowances and the unilateral move regarding Rajasthan. The Court observed that retired judges could not be expected to shoulder election-related expenses themselves, remarking pointedly, “What they will do? Do they have their own aircraft?” Taking note of submissions that committee members were being asked to make bookings from their own pockets and provided substandard facilities, the Bench directed the BCI to file a response by the next day, warning it not to invite coercive orders.
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