The High-Powered Election Supervisory Committee constituted by the Supreme Court has stayed the implementation of a Bar Council of India (BCI) resolution that sought to increase the strength of elected members in State Bar Councils during the ongoing Bar Council elections, holding that the move was contrary to law and the Supreme Court's directions.

The three-member Committee, headed by former Supreme Court judge Justice Sudhanshu Dhulia, with former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha and Senior Advocate V. Giri as members, passed the order on July 23 while dealing with an appeal against the BCI resolution dated July 19, 2026 and a consequential communication issued on July 21.

The BCI, in the impugned resolution, had sought to increase the seats, purportedly to accommodate the women's representation mandated by the Supreme Court. As per the BCI's proposal, the candidates who got elected within the existing strength will not be excluded to accommodate women's reservation, and instead, women's seats will be proportionality increased.

The Committee observed that a plain reading of the BCI resolution showed that it was "not just in violation of law" governing the present elections but was also in "direct violation" of the Supreme Court's order dated December 8, 2025 in WP(C) No. 581/2024, since it effectively increased the number of seats in State Bar Councils even though elections had already concluded and results had been declared in several States.

It noted that the ongoing elections are being conducted for seats whose strength is fixed under the Advocates Act, 1961, a Parliamentary statute. The Committee further took exception to portions of the BCI resolution that purported to issue "directions" to Returning Officers and the High-Powered Election Committees constituted by the Supreme Court for conducting and monitoring the elections.

"In our considered opinion, these directions cannot be implemented for the present cycle of Bar Council elections in any case," the Committee said.

During the proceedings, the Committee recorded the statement of BCI Additional Secretary Awanish Pandey that the resolution and the directions contained in it were only in the nature of a proposal and would be implemented only after approval in accordance with law.

Accepting the statement, the Committee observed that if the resolution was merely a proposal, it could become effective only after obtaining approval from the appropriate authorities. It also noted that issues concerning Bar Councils are already pending before the Supreme Court and therefore such a proposal could not be implemented without the Court's approval.

"As an abundant precaution," the Committee directed all High-Powered Election Committees and Returning Officers not to act upon the BCI resolution dated July 19, 2026 or the accompanying letter dated July 21, 2026. It also directed that the counting process should continue strictly in accordance with the procedure laid down by the Supervisory Committee in its earlier order dated February 9, 2026.

The Committee further directed the Principal Secretary of the Bar Council of India to circulate its order to all High-Powered Election Committees and Returning Officers and report compliance to the Supervisory Committee.

It may be noted that the Supreme Court, last Friday, had orally indicated that if the Bar Council seats are increased, then the women's representation also must witness proportionate representation.