'Do They Have Their Own Aircraft?' : Supreme Court Questions BCI Over Denying Travel Allowances To Ex-Judges Monitoring Elections

The Supreme Court on Tuesday questioned the Bar Council of India for not paying adequate honorarium and travel allowances to the retired High Court Judges who are part of the High-Powered Election Committees monitoring the conduct of State Bar Council elections.

A bench comprising Chief Justice of India Surya Kant, Justice R Mahadevan and Justice Joymalya Bagchi took up the matter on an oral mentioning by Senior Advocate V Giri, a member of the High-Powered Election Supervisory Committee.

Giri submitted that the honorarium must be befitting the status of the members of the Election Committee, who were previously High Court Chief Justices or Judges. "When this was suggested to the Bar Council of India, we got a reply that it was too much and it may not be possible for them to do that," Giri submitted.

Giri requested that either the Court pass some orders or authorise Justice (retired) Sudhanshu Dhulia to do the needful in that regard. He handed over the reply given by the BCI to Justice Dhulia to the bench.

Giri also flagged that the Bar Council of India has constituted its own committee for the Rajasthan Bar Council elections on the pretext that Rajasthan was not mentioned in the order passed on November 18, 2024, whereby the committees were constituted. Giri submitted that the BCI's action was contrary to the letter and the spirit of the order.

"Why you have not included Rajasthan and why are you constituting a committee separately?" CJI Kant asked the counsel representing the BCI. Giri informed that this committee has notified the elections as well.

The bench asked the BCI to respond to both these issues by tomorrow. The order directed the BCI to explain why it has constituted a separate committee for Rajasthan Bar Council elections without informing the Court.

CJI Kant also took objection to the BCI denying allowances to the Committee members. "You fixed the election fee on the ground that it will generate sufficient funds for conducting elections. Now you are telling retired judges you can't pay them honorarium, you can't pay travel allowances. What they will do? Do they have their own aircraft?"

Giri submitted that one Judge, who was appointed as a committee member, expressed that all the bookings have to be done by the judges themselves. "When they get there, the kind of facilities they are given there, let alone that they are not befitting a former Chief Justice, it is difficult. Bookings have to be done by paying from their own pocket. This is not correct," Giri submitted.

The BCI counsel submitted that they have filed an affidavit proposing payments. Giri said that the BCI has proposed reimbursement, which will take a long time.

The bench asked the BCI to respond by tomorrow, cautioning it to not invite orders from the Court.

On September 24 last year, the Court had directed the conduct of elections in Bar Councils, where elections are due. On November 18, the Court constituted High Powered Election Committees headed by former HC Chief Justices and comprising former HC Judges to monitor each State Bar Council Election. Another Committee, a High-Powered Election Supervisory Committee was also formed, consisting of Justice Dhulia, Justice Ravi Shankar Jha (former P&H CJ) and Senior Advocate V Giri.