BCI Objects to Kerala HC Judge’s Remarks on Bar Council Election Nomination Fee
The Chairman of the Bar Council of India (BCI), Senior Advocate Manan Kumar Mishra, has written to the Chief Justice of India objecting strongly to remarks made by a Kerala High Court judge on the nomination fee for Bar Council elections.
In a letter dated January 26, the BCI expressed serious concern over comments made by Justice Bechu Kurian Thomas while hearing a petition challenging the ₹1.25 lakh nomination fee. During the hearing on January 23, the judge questioned the justification for charging such a high amount and made observations about how the money was being used, even suggesting that it could invite an investigation.
The BCI termed these remarks as “baseless and reckless” and stated that the High Court should not have entertained the matter at all. According to the Council, the Supreme Court has already issued directions restraining High Courts and other courts from hearing election-related disputes concerning Bar Council elections.
The BCI further warned that continued judicial criticism of this nature could compel bar bodies to take lawful collective steps, including protests and constitutional remedies. The letter also mentioned that, if such remarks continue, the Bar may be forced to seek administrative action, including the transfer of judges whose conduct allegedly disrupts institutional balance.
Clarifying the issue of the nomination fee, the BCI stated that it does not receive or retain any part of the ₹1.25 lakh collected during State Bar Council elections. The entire amount remains with the respective State Bar Councils, and the fee structure forms part of the election framework already approved by the Supreme Court.
The Council also highlighted that it is spending more than ₹20 crore to comply with Supreme Court directions on election supervision. This includes expenses for travel, accommodation, and honorarium of former High Court judges appointed to High Powered Election Committees. These costs, the BCI said, are fully borne by the legal fraternity without any government funding.
Raising concerns about institutional harmony, the BCI urged the Chief Justice of India to issue appropriate directions to ensure that election-related disputes are handled strictly through the Supreme Court-approved mechanism and that judicial restraint is maintained to avoid friction between the Bar and the Bench.
