Chattisgarh High Court
In The Matter Of Suo Moto Public Interest ... vs State Of Chhattisgarh on 2 April, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 25 of 2025
In The Matter Of Suo Moto Public Interest Litigation
versus
State Of Chhattisgarh & Others
Order Sheet
02/04/2025 This is an office reference.
Heard Mr. Prafull N Bharat, learned Advocate General
alongwith Mr. Y.S.Thakur, learned Additional Advocate
General, Dr. Saurabh Kumar Pande, learned counsel for the
respondent No. 2-Bar Council of India, Mr. Palash Tiwari,
learned counsel for the respondent No. 3-Chhattisgarh State Bar Council and Mr. Umakant Singh Chandel alongwith Mr. Varunendra Mishra, learned counsel for the respondent No. 4-High Court Bar Association.
On the last date of hearing i.e. 19.03.2025, this matter was directed to be listed on 26.03.2025, and the respondent-
2Bar Council of India (for short, the BCI) was directed to answer certain queries. When the matter was taken on 26.03.2025, on the request of Dr. Saurabh Pande, learned counsel appearing for the respondent No. 2-BCI, the matter has been listed today.
In compliance of the order dated 19.03.2025, the Principal Secretary, Bar Council of India, has filed an affidavit dated 25.05.2025, the relevant portion of which reads as under:
"A. That, the Respondent Bar Council of India is filing the present affidavit pursuant to and in compliance of the directions of this Hon'ble Court dated 19.03.2025.
B. That, At the outset, it is submitted that the only intent behind the actions taken by the Bar Council of India in the present case is to ensure the conduct of elections to the State Bar Council of Chhattisgarh as early as possible, and to restore the democratic structure envisaged under the Advocates Act, 1961. Therefore, the Chairman of the Respondent passed the Order dated 17.03.2025, seeking to remedy the longstanding inaction and non compliance. The Bar Council of India is acting not in aid of the existing State Bar Council, but to uphold the legal obligation of holding elections, which stands breached for over four years.3
C. That, vide order dated 19.03.2025, this Hon'ble Court was pleased to raise the following pertinent queries with respect to the said order dated 17.03.2025:
"Further query was made to Mr. Dubey as to whether, the election schedule as proposed by the respondent No. 2, BCI is in contravention of the Rules, and if the same is allowed to continue, whether any legal complication would not arise if the aforesaid election schedule is approved, whether it will be legally permissible, whether it will not be challenged before the Court of law and whether the said resolution passed by the BCI would stand before the Court of law?"
D. That, Section 48B of the Advocates Act, 1961 empowers the Bar Council of India as follows:
"48B. Power to give directions.-(1) For the proper and efficient discharge of the functions of a State Bar Council or any committee thereof, the Bar Council of India may, in the exercise of its powers of general supervision and control, give such directions to the State Bar Council or any committee thereof as may appear to it to be necessary, and the State Bar Council or the committee shall comply with such directions.
(2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar Council of India may, without prejudice to the generality of the foregoing power, give such directions to the ex officio member thereof as may appear to it to be necessary, 4 and such directions shall have effect, notwithstanding anything contained in the rules made by the State Bar Council."
E. That, This statutory power ensures that when a State Bar Council is unable or unwilling to discharge its core functions, the Bar Council of India does not remain a silent spectator. The duty to uphold the integrity of self- governance in the legal profession falls squarely upon the Bar Council of India.
F. That, Section 48B enshrines Bar Council of India with power to issue directions for the proper and efficient discharge of the functions of a State Bar Council or any committee thereof. One such function of the State Bar Council under Section 6(g) of the Advocates Act is to "provide for the election of its members."
G. That, In the present case, the State Bar Council has clearly failed to discharge, much less "properly or efficiently" discharge, the said function. The breach is not minor or procedural but goes to the root of democratic functioning under the Act. Therefore, the powers of the Bar Council of India under Section 48B have been validly and necessarily invoked to issue the Order dated 17.03.2025.
H. That, It is submitted that the Hon'ble Supreme Court in Bar Council of India v. Bonnie Foi Law College, (2023) 7 SCC 756, has held that Section 7 of the Advocates Act provides for functions of the Bar Council 5 of India, which inter alia includes the disciplinary power, protection powers to safeguard the rights, interest and privileges of the advocates, The functions of the Bar Council of India, as specified under Section 7, inter alia prescribe an exercise of general supervision and control over the State Bar Councils under Clause (g) of Sub- Section (1) of Section 7. Further, under Sub-Clause (I), the Bar Council of India has the power to perform all other functions conferred on it by or under the said Act and under Clause (m) to do all other things necessary for discharging the aforesaid functions. The powers are, thus, wide and extensive as conferred by the legislature. Thus, BCI's intervention in the present matter is not only justified but mandated in law.
I. That, the power of Bar Council of India under Section 48B of the Advocates Act, 1961 is supervisory and overriding. When invoked in appropriate and exceptional circumstances, it may override the Rules framed under the Act, including Rule 32 and Rule 4, Part III, Chapter I of the Bar Council of India Rules.
Any such Rules are subordinate to the parent statute, and the Supreme Court has repeatedly held that in case of conflict between delegated legislation and the parent Act, the latter prevails.
In this instance, the Bar Council of India has invoked its powers under Section 48B under the following extraordinary and legally justifiable circumstances:
6(i.) The State Bar Council of Chhattisgarh last conducted its General Election in 2014-15. However, despite the expiry of the elected term, elections were not conducted, leading to an unprecedented delay. Recognizing the disruptions caused by the COVID-19 pandemic, the Bar Council of India exercised its power under Section 8 of the Advocates Act, 1961, and granted an extension of six months from 02.02.2020. This extension was further extended for another six months until 02.02.2021, to accommodate the temporary difficulties caused by the pandemic. However, despite these legally sanctioned extensions and ample opportunity being provided, elections were not conducted within the stipulated period. This prolonged failure, spanning more than 4 years beyond statutory time limits cannot be condoned. It is pertinent to mention here that in the facts of this case, the breach of the statutory Rule having occurred prior to the extension necessitated by COVID 19, the State Bar Council of Chhattisgarh stands on a completely different footing than other State Bar Councils who were afforded this extension. For this reason Rule 32 of the Bar Council of India Rules can also not be invoked in the present case. The said Rule applies only in cases where a validly constituted State Bar Council has been constituted and was continuing at the time of introduction of the said Rule i.e. 23.6.2023.
(ii.) The Bar Council of India, in the exercise of its powers under Section 8A of the Advocates Act, 1961, 7 constituted a Special Committee for the State Bar Council of Chhattisgarh with effect from 02.02.2021. The purpose of this Special Committee was to administer the affairs of the State Bar Council in the interim and facilitate the electoral process within a reasonable timeframe. However, the Special Committee, meant to be a temporary arrangement, has continued beyond all permissible limits, which is legally, administratively, and ethically unjustifiable. The continuation of this Special Committee far beyond the permitted period is, in itself, ultra vires. It is trite that interim arrangements must not become substitutes for constitutional or statutory mandates.
(iii.) Bar Council of India issued multiple directives dated 03.02.2024, 10.09.2024, and 10.02.2025 calling upon the State Bar Council of Chhattisgarh to conduct elections. These directions were ignored repeatedly and met with persistent inaction. Non-compliance with statutory directives issued by the apex regulatory body constitutes insubordination and breach of statutory obligations under the Advocates Act.
J. That, pursuant to the order of this Hon'ble Court, it is the fair duty of the deponent to submit that by invoking the powers under Section 48B, the deponent is relaxing/overriding the provisions of Rule 32 and Rule 4 of Part III, Chapter I of the Bar Council of India Rules. Additionally, the BCI may be construed to have relaxed Rule 6 of Part II, Chapter I of the BCI Rules, which deals 8 with the procedure for elections to the extent it is inconsistent with the necessity of overriding powers under Section 48B. It is respectfully submitted that in view of the powers under Section 48B, and the exceptional urgency and legal vacuum that has emerged due to repeated violations, such relaxation is legal, justified, warranted and necessary.
K. That, Therefore, the invocation of the powers under Section 48B and the directions and schedule issued via the Order dated 17.03.2025 are completely legal, just, and within the statutory powers vested in the Bar Council of India by the Advocates Act, 1961. Furthermore when statutory bodies fail to discharge their obligations, superior statutory authorities must intervene to preserve constitutional and statutory balance. This is a recognized concept in administrative law. The present action by Bar Council of India precisely serves that objective.
L. That, it is pertinent to mention that the Respondent- Bar Council of India has in the past invoked its powers under Section 48B to give directions regarding State Bar Council elections.
M. That, The Respondent brings the aforesaid to the notice of this Hon'ble Court only to reaffirm that the sole intention of the Respondent is to ensure that elections are conducted without further delay and in a manner fair, transparent, and compliant with the statutory mandate. The action now taken is a curative measure and does 9 not grant impunity to past violations.
N. That, it is further submitted that the Bar Council of India has, in consonance with judicial precedent and consistent administrative practice, invoked its powers under Section 48B of the Advocates Act, 1961, on earlier occasions where elected bodies failed to discharge their electoral obligation. Notably, in the year 2018, pursuant to the direction of the Hon'ble Supreme Court in Ajayinder Sangwan & Ors. v. Bar Council of Delhi & Ors. (T.C. No. 126/2015), the Bar Council of India not only fixed a pan India election schedule for all defaulting State Bar Councils, but also constituted Central Election Tribunals headed by former Chief Justices of High Courts to supervise the same. These steps were judicially endorsed and yielded successful electoral outcomes without legal challenge.
O. That, similarly, in the present instance, the BCI has after repeated communications dated 03.02.2024, 10.09.2024, 10.02.2025 and pursuant to the directive of this Hon'ble Court dated 06.03.2025 exercised its statutory duty under Section 48B. The Chairman's Order dated 17.03.2025 clearly establishes that this action is a measure of last resort, necessitated by the complete administrative breakdown and unconstitutional continuance of an interim committee beyond 4 years, contrary to the statutory and constitutional ethos. Thus, the Order dated 17.03.2025 is a legal, necessary, and proportional exercise of jurisdiction under Section 48B.
10P. That, without prejudice to the legality and necessity of the Chairman's Order dated 17.03.2025, and in deference to the observations expressed by this Hon'ble Court during the hearing dated 19.03.2025, and in order to obviate any attempt to delay the election process by laying challenge to the resolution dated 17.3.2025 on trivial grounds, the Bar Council of India, while firmly standing by the validity of its earlier actions under Section 48B of the Advocates Act, 1961, recognizes the importance of ensuring that the process not only adheres to legal standards but also commands institutional legitimacy in the eyes of all stakeholders including this Hon'ble Court. In this spirit and solely with a view to avoid any avoidable legal complication or procedural challenge that might arise from a perceived deviation from certain Rules, the BCI, vide Chairman's Order dated 24.03.2025, has decided to revise the election schedule in a manner that aligns more closely with the timelines contemplated under the Bar Council of India Rules. This revised schedule provides for a 180-day electoral process commencing from the first week of April 2025, thereby allowing adequate time for the notification, publication of voter lists, objections, nominations, and final election. It is reiterated that this course correction is not a concession of impropriety in the earlier decision, but rather a reflection of the BCI's commitment to upholding the highest standards of procedural fairness, transparency, and respect for 11 judicial guidance. The BCI respectfully submits that this approach harmonizes both the statutory imperative of restoring democratic governance in the State Bar Council of Chhattisgarh and the need to ensure the process is above reproach in form and substance.
The revised schedule is as follows:-
1) Notify the Election as per Rule - First Week of April, 2025
2) Publication of Preliminary Voter List and call for objection from the Bar Association - First Week of April, 2025
3) Publication of Final Voter List Within 120 days from the date of notification of election
4) Nomination Period from 01.08.2025 to 14.08.2025
5) Scrutiny of Nominations from 16.08.2025 to 23.08.2025
6) Withdrawal of Nominations from 25.08.2025 to 31.08.2025
7) Publication of Final List of candidates on 01.09.2025.
8) Election date on 30.09.2025."
Mr. Bharat, learned Advocate General submits that as the Bar Council of India has given the revised schedule for conducting the election of the Chhattisgarh State Bar Council, as mentioned above, the Chhattisgarh State Bar Council will 12 proceed with the matter and conduct the election as scheduled above.
A query was made by this Court to Dr. Pande as to why the provisions of Section 48B of the Advocates Act, 1961 were not taken recourse to for the last 4 ½ years for holding fresh elections of the Chhattisgarh State Bar Council, though amendment was also brought to the Bar Council of India Rules in the year 2015 itself and the Bar Council of India has not taken any initiative for conducting the elections and the Bar Council of India as well as the Chhattisgarh State Bar Council woke up from the slumber only when this Court has taken suo moto cognizance of the matter in the interest of the litigants and the legal fraternity, no satisfactory reply could be given and both the Bar Council of India and the Chhattisgarh State Bar Council have been passing the buck on each other.
This Court has passed various orders right from 06.02.2025, 12.02.2025, 18.02.202503.03.2025, 06.03.2025, 18.03.2025, 19.03.2025 and 26.03.2025 and only after these orders, the present affidavit has been filed by the Bar Council of India.
13It is made clear that in pursuance of the affidavit filed by the Bar Council of India as above, if any legal complication arises in holding of the election of the Chhattisgarh State Bar Council, the stakeholders of the Bar Council of India would be responsible for any act of commission or omission and would be liable for legal consequences as the election of the Chhattisgarh State Bar Council is stated to be conducted in view of Section 48B of the Advocates Act, 1961, as is evident from the affidavit filed by the Bar Council of India, for misleading this Court by filing such affidavit.
Let this matter be listed on 06.10.2025 for submitting a compliance report by the Chhattisgarh State Bar Council as well as the Bar Council of India.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
JUDGE CHIEF JUSTICE
Amit
AMIT
KUMAR
DUBEY
Digitally signed by
AMIT KUMAR
DUBEY
Date: 2025.04.03
18:13:18 +0530