
The Supreme Court of India on Tuesday raised serious concerns over the Bar Council of India’s (BCI) treatment of retired judges serving on high-level committees overseeing state bar council elections. A bench led by Chief Justice of India D.Y. Suryakant, along with Justices R. Mahadevan and Joymalya Bagchi, asked why retired high court judges serving as election observers were not being provided adequate honorarium and travel allowances.
Advocate Giri Highlights Issues
Senior advocate V. Giri, appearing before the bench, submitted that committee members, who had previously served as high court judges or chief justices, should receive compensation commensurate with their experience. Giri stated that when this was suggested to the BCI, the response was that it was “too high” and not feasible. He requested either a court order or authorization for retired Justice Sudhanshu Dhulia to take necessary action on the matter.
CJI Suryakant’s Sharp Observations
The Chief Justice expressed astonishment over BCI’s approach, questioning, “Are you asking retired judges to arrange their own travel? Do they have their own planes?” He emphasized that funds collected from election fees were intended to cover such expenses, and it was inappropriate to deny allowances to senior judges.
Separate Committee for Rajasthan Elections Challenged
Giri also challenged the BCI’s formation of a separate committee for the Rajasthan Bar Council elections, arguing that it contradicted the Supreme Court’s 18 November 2024 order regarding committee formation. CJI Suryakant asked the BCI’s lawyer why Rajasthan was excluded and why a separate committee was created without informing the court.
BCI Given Deadline to Respond
The bench has directed the BCI to submit a written explanation by Wednesday, addressing both the honorarium issue and the formation of a separate committee. The court warned the Bar Council against delaying action or requiring the judiciary to issue further orders.
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