Bar Council of India does not have the authority to control or regulate elections of Bar Associations

Allahabad High Court Clarifies Election Authority of Bar Associations State Bar Council Lacks Authority to Regulate District Bar Association Elections, Says Court

In a significant ruling, the Allahabad High Court has elucidated the boundaries of authority concerning the conduct of elections for Bar Associations within Uttar Pradesh. The court, presided by Justices Atul Sreedharan and Anish Kumar Gupta, rendered its judgment on December 8, 2025, in the case of Mohd. Arif Siddiqui v. State of Uttar Pradesh.

The petitioner, Mohd. Arif Siddiqui, an advocate and a prospective candidate for the presidency of the Benaras Bar Association, challenged an order that imposed a temporary embargo on Bar Association elections to avoid schedule clashes with the State Bar Council elections. The order, issued on October 25, 2025, had directed all Bar Associations in Uttar Pradesh not to hold elections from November 15, 2025, to February 2026.

The court reviewed the statutory provisions under the Advocates Act, 1961, specifically Sections 7(g) and 48B. While these sections endow the Bar Council of India with supervisory authority over State Bar Councils, they do not extend to regulating elections of individual Bar Associations, which are governed by their respective bye-laws.

During the proceedings, it was revealed that the Supreme Court had already addressed similar concerns in the case of Vijay Pal Singh Tomar v. Bar Council of India. However, the apex court's deliberations pertained primarily to State Bar Council elections, not district-level Bar Associations.

In its judgment, the Allahabad High Court ruled that the Bar Council of India, while possessing supervisory powers, cannot regulate Bar Association elections. Furthermore, it clarified that the State Bar Council lacks statutory authority to direct Bar Associations to withhold their elections. Consequently, the court allowed Bar Associations to proceed with their elections according to their bye-laws, provided they do not clash with the State Bar Council election schedule, ensuring a ten-day gap between the two.

This decision underscores the autonomy of Bar Associations in managing their electoral processes, reaffirming the principles of self-governance within legal frameworks. The ruling is expected to have widespread implications for the conduct of Bar Association elections across the state, ensuring they operate independently of state-level council directives.

Bottom Line:

The Bar Council of India does not have the authority to control or regulate elections of Bar Associations, which are governed by their own bye-laws. The State Bar Council, lacking statutory authority, cannot direct Bar Associations to withhold their elections. Bar Associations may conduct elections as per their bye-laws, ensuring no schedule clash with State Bar Council elections.

Statutory provision(s): Advocates Act, 1961 Sections 7(g), 48B

Mohd. Arif Siddiqui v. State of Uttar Pradesh, (Allahabad)(DB) : Law Finder Doc Id # 2821795