New Delhi, Dec 6 (UNI), The Supreme Court on Friday rejected a petition seeking directions to prevent members of the Bar Council of India (BCI) and State Bar Councils from affiliating with political parties.
A Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan observed that bar associations are intellectual bodies and that having a political ideology does not necessarily harm their functioning. “The bar bodies are intellectual.
Their functioning won’t change just because the President or Chairman has an ideology. We are a country with firm faith in democracy. We cannot direct Parliament to enact a law or anything of the sort,” the Court stated.
The Bench further pointed out that prominent figures such as Senior Advocates Manan Kumar Mishra and Kapil Sibal, who lead the Bar Council of India and the Supreme Court Bar Association respectively, also have political histories and affiliations. “What is wrong if any bar member holds an ideology, including a political one?
Do you want to oust Mr Sibal as President of the SCBA? You want to remove Mr Mishra as Chairman of the Bar Council of India?” the Bench remarked.
The plea argued that, like judicial officers, government employees, and armed forces personnel, members of the Bar Councils should also be restricted from joining political parties or holding political positions. The petitioner contended that such affiliations could compromise the independence of bar bodies, which are integral to the justice delivery system.
However, the Court was not persuaded by these arguments, emphasizing that there was nothing inherently improper about bar members holding political ideologies. When the petitioner raised specific concerns about the functioning of the BCI and State Bar Councils, the Bench suggested, somewhat pointedly, that the petitioner should consider joining a political party to better understand such dynamics.
The Court also clarified that it lacked the authority to direct Parliament to legislate on the matter.
Dismissing the plea, granted the petitioner liberty to seek recourse from other appropriate forums.
UNI SNG KK