BCI writes to CJI over remarks by Kerala HC judge on state Bar Council election

New Delhi: The Bar Council of India has written to Chief Justice of India Surya Kant expressing serious institutional concern over what it described as “baseless and reckless” oral observations made by a single judge of the Kerala High Court in connection with the state Bar Council election.

In the letter dated January 26, Bar Council of India (BCI) Chairman Manan Kumar Mishra said the observations were made while entertaining a challenge to the nomination fee prescribed for the Kerala Bar Council elections, despite binding directions of the Supreme Court restraining high courts and other courts from entertaining election-related petitions.

“The Bar Council of India is often acutely aware of excesses, lapses and malpractices within certain quarters of the judicial system. Yet, it has consciously chosen silence only to preserve the dignity, credibility and majesty of the judiciary, and to maintain equilibrium between the Bar and the Bench and to solely protect the institution of judiciary from public disrepute and loss of confidence,” the letter read.

However, the BCI chairman said such restraint should not be mistaken for acquiescence or vulnerability, particularly when elected representative bodies of advocates are subjected to unwarranted attack.

“Sweeping observations casting aspersions on the Bar Council of India during an election being conducted under the direct supervision of this Hon'ble court create a perception that restraint shown by the Bar is being mistaken for vulnerability, disturb the constitutional balance between the Bar and the Bench, and risk converting mutual respect into institutional friction,” the letter read.

The BCI chairman said the entire amount collected in state Bar Council elections vests exclusively with the respective state Bar Councils and that the Bar Council of India does not receive or benefit from any portion of the fee.

The letter added that the nomination fee of Rs 1.25 lakh forms part of the election framework already placed before and approved by the Supreme Court.

“Once such a framework stands approved and the field stands expressly occupied by this Hon'ble court, the entertainment of a challenge by a high court was wholly unwarranted,” it said.

The BCI chairman also pointed out that pursuant to the Supreme Court's directions, it would be compelled to incur expenditure exceeding Rs 20 crore towards travel, boarding, lodging and honorarium of chairpersons and members of the high-powered election committees and the high-powered election supervisory committee, all of whom are former high court judges.

These expenses, he said, are borne entirely by funds contributed by the legal fraternity, without any government assistance.

“No government or external financial assistance is provided for this purpose. These are funds contributed entirely by the legal fraternity, and this basic reality ought to be realised before raising fingers or making any effort to tarnish the image of the apex elected body of advocates,” the letter read.

The BCI chairman requested the chief justice to consider issuing appropriate advisories or directions and urged that election-related matters remain confined to the exclusive mechanism constituted by the Supreme Court.

“If such attacks persist, the advocates through their representative bodies shall be constrained to resort to lawful collective protest and agitation and to pursue appropriate constitutional and legal measures for proper action, including seeking administrative measures,” the letter read.