Supreme Court Clarifies on Bar Association Elections
Last Updated on December 11, 2024 by Athi Venkatesh
The Supreme Court of India clarified that Bar Associations can conduct elections in line with their constitutions, bye-laws, or policies. The clarification came during a case concerning the strengthening of Bar Associations across India.
A bench comprising Justices Surya Kant and Dipankar Datta stated there is no interim stay preventing elections. Justice Datta noted, “There is no impediment for the Bar Associations to be re-constituted as per their bye-laws.”
The application under consideration involved the Punjab and Haryana High Court Bar Association. Elections there were delayed despite the one-year tenure being over, citing the pendency of this Supreme Court case.
Justice Kant added that existing rules under the bye-laws should continue until the Court establishes guidelines. He mentioned the Court intends to examine the minimum tenure for Bar Association members in the future.
The bench also took up a related petition on the “One Bar, One Vote” principle. The petitioner alleged malpractice, claiming one member cast 25 votes to help certain individuals retain power, violating a prior Supreme Court judgment.
The Court announced that any guidelines framed in the ongoing case would have nationwide applicability. This clarification ensures Bar Associations can proceed with elections as per their rules, preventing administrative delays and preserving democratic functioning.
