Supreme Court refuses to entertain plea to make ‘active’ politicians from contesting elections, holding office in Bar bodies

Supreme Court refuses petition to bar political party members from holding office in Bar Councils, citing democracy and independence.

The Supreme Court of India on Friday (December 6, 2024) refused to entertain a petition to make ‘active’ members of political parties from contesting elections and holding office in the Bar Council of India and Stats Bar Councils.

Petitioner-advocate Jaya Sukin said serving judicial officers, government employees and Defence personnel are not allowed to join political parties or contesting elections.

“Even though Bar and Bench are same, why are political party members allowed to contest [elections] Bar Council of India and State Bar Councils? Having persons with a particular political ideology heading statutory bodies would affect the independence of those bodies,” the petitioner argued.

But Justice Kant referred to the late senior advocate Ram Jethmalani, a BJP MP who was in the Supreme Court Bar Association (SCBA).

The Bench asked whether the petitioner was looking to oust senior advocates Kapil Sibal and Manan Kumar Mishra as the current SCBA president and BCI chairperson, respectively.

“What is wrong if a member of the Bar having an ideology? This would also include political ideology one,” Justice Kant asked.

Advising the petitioner to may be join a political party and gain the experience, Justice Kant assured him that “Bar bodies are intellectual bodies. Their members’ beliefs will not change just because the president or chairman has an ideology. We are a country of firm faith in democracy. We cannot direct Parliament to enact a law or something”.