Bar Association Elections Must Be Made A Biennial Affairs From Now Onwards

                     Let me first and foremost begin with a disclaimer: I am not the first person to propound this openly that bar association elections must be made a biennial affairs from now onwards even though it has been decades that I have been thinking in my mind about it but never penned down my thoughts on this most pressing issue till date. The sole credit for this most brilliant idea to the best of my knowledge goes to Mr Shayan Bisney who is an advocate practicing in the High Court for Telangana and so also in the Supreme Court of India who shared his most rational and invaluable thoughts in the enlightening column titled “Time to make bar association elections a biennial affair?” which has been published most prominently in the prestigious website “Bar and Bench” on 5 April 2026. I only kept toying with this most innovative and most commendable initiative to make bar association elections a biennial affair from now onwards in my mind but could never muster the courage and wisdom to write my views on it till I read finally what Mr Shayan Bisney has shared so meticulously dwelling on it in considerable detail which must definitely be read in its entirety who want to gain a deep insight into this vexed issue! It came as a most pleasant surprise to me because I too had been thinking on it for a long time!

                                    In last more than two decades that I have spent in Meerut Bar Association, I have heard time and again advocates voicing their views on this that one year tenure is very less time for effecting real changes in the court complexes and in the functioning and infrastructure of courts among other things! So many days gets fizzled out in holidays and within no time an year gets complete and passes away so quickly and so the tenure should definitely be increased to minimum two years if not three years! It is known all too well that in the Bar Associations of District Courts of Delhi, the elections are a biennial affair as I have been told by many advocates from Delhi. It is time now to extend this to the entire nation as well and not be restricted to just Delhi or few other districts only in India!   

                                      There can be just no gainsaying that Mr Shayan Bisney has caught the right pulse by pointing out most lucidly and most candidly that a two year term for office bearers in bar associations will not only streamline a lot of processes at the Bar but it will also help lawyers get a stable association, one in which they can place greater confidence. One fervently hope that the Bar Council of India also gives a food of thought to it and ensure that this is done at the earliest at a national level all over uniformly so that the court functioning days increases and less time is spent on elections and more time is spent on work which is feasible if elections are held once in two years! It brooks no more delay any longer now and must be addressed at the earliest!

                Moreover, a two year term will ensure continuity and progress in completing the unfinished work which gets delayed unnecessarily due to frequent elections within an year which now must definitely be put to an end most promptly without any more further delay on this score. It has been noticed that by the time the President and General Secretary get to understand the system in which they operate and acquire grasp of the challenges which they have to confront, their term gets completed and they are unable to ensure that the problems and difficulties faced by lawyers and litigants are addressed effectively. This is the ineluctable conclusion that I have arrived at especially after my own personal experience in Meerut and after going through what Mr Shayan Bisney has pointed out so lucidly and laudably which definitely deserves to be implemented on a war footing at the national level at the earliest in all courts without any more delay right now so that effective changes are ushered in all courts all over India uniformly!

                                       It merits just no reiteration that the earlier this is done at a national level uniformly in all the courts, the better it shall be promoting continuity, stability and progress! Why this most key issue directly affecting profoundly so many bar bodies at all courts all across the nation has never been given a serious thought is most mystifying indeed and defies logic? But as the famous saying goes that, “It is better to be late than never.”

                       It is known all too well all over that a bar association in our nation is a voluntary professional body of lawyers which is committed fully to represent the interest of members who are an integral part of it and who always stay in the forefront as officers of the court in not only just making available professional support to the litigants and in assisting the court but also simultaneously striving its best to maintain ethical standards, discipline, probity and accountability most diligently. What also must be taken into account and is unaffordable to just gloss over is that these bar association groups act as organized unions for member advocates in specific courts, offering them networking, welfare and other benefits for which they have to pay reasonable and affordable fees every month or take yearly membership subscription or life term subscription which hinges on lawyers to choose for themselves which option they want to select and which not to select!

                   We see that in different bar associations in different districts all over the nation, elections are generally held in January or February as we see in Meerut where I reside. We definitely cannot shut our eyes to the most unpalatable truth that contesting bar association elections especially for top key posts like President and General Secretary are becoming more and more costlier as compared to in the past which is a matter ostensibly of grave concern from which we definitely cannot run away or shy away from facing because we just cannot afford to ignore the time-tested dictum that states clearly: “When money speaks, truth is silent.” As if this was not enough, what has come to our glaring notice is that creation of election pact on basis of caste, religion and sex is making deep inroads in annual elections which has raised many eyebrows yet has been going on unhindered, unpunished and unaccounted for apart from giving parties during election time by different candidates united in different groups under different pacts in which money is spent like water most lavishly hinging on financial capacity of lawyers on how much they can afford to spend and this affects not all but many lawyers on lure of food or drink or other considerations!    

                                                To check this, it is imperative that the elections are reduced and held not every year but once in two or three years like we see that the Institution of Chartered Accountants of India (ICAI) has its Central Council elections only once in every three years. This must be debated, deliberated and discussed thread bare at the highest level by the Bar Council of India. This huge expenditure in bar elections must be reduced and checked rather it must be checked most strictly and if elections are held once in two or three years, it will definitely go a long way in help saving heavy expenditure and cut throat competition in spending money during elections.

                                            We need to concur that one year time period is too less a time to do anything serious to improve the functioning of courts and providing better facilities to litigants and lawyers alike. This alone explains why in the district courts of Delhi, we see elections are conducted only once in two years. This definitely now needs to be replicated and implemented nationally all across the nation in all bar bodies uniformly! This is the crying need of the hour also and it brooks no more dilly-dallying any longer now!

                                              It is not hidden from anyone that in a year we see so many precious days disappearing due to their being earmarked for holidays apart from Saturday when again lawyers rarely work and in West UP lawyers have gone on strike every Saturday since May 1981 and now May 2026 is fast approaching and till date those strikes are continuing due to Centre most unfairly depriving West UP from having even a single Bench not even a Circuit Bench despite Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself having recommended a permanent seat of High Court Bench in West UP for more than 10 crore people as West UP owes for majority of pending cases of Allahabad High Court which is highest not just in UP but in any region all over India yet not even a Circuit Bench created even after nearly 50 years of its historic recommendations being made that cannot be ever justified under any circumstances and lawyers are struggling for sake of litigants which has to be borne in mind and have themselves suffered so many times by going on strike fore even six months as in 2001 when I first landed in Meerut and so also in 2014-15 and I don’t know how many times in the past still Centre has done just nothing on it while approving fifth High Court Bench for Maharashtra for just 5 or 6 districts at Kolhapur which started functioning from August 18, 2025 but for 30 districts of West UP not even a single Bench which compels lawyers to agitate and go on strike!  

                                          All told, there can be just no denying that this core issue cannot be allowed to be put in the back burner any longer now! Due to so many strike apart from holidays, the lawyers who are office bearers especially in West UP hardly get any time to usher in much needed changes and to upgrade court complexes with even basic facilities like separate toilet room for women lawyers, more drinking water facilities, more parking facilities and so many other issues which cry for attention! This can be effectively addressed if the term of office bearers is increased to two years if not three years!

                                      By any reckoning, there is no harm in giving it a try as we see in district courts of Delhi where elections are held only once in two years! It is a no-brainer that the focus on taking development and welfare steps will also be expedited on a continuous basis due to elections being held once in two years at least! It needs no rocket scientist to conclude that the precious time of lawyers in campaigning will also go down considerably if elections are held only once in two years. So also the court functioning period will go up if bar elections are restricted to once in two years! 

                                              Even in the Supreme Court necessary changes must be made in Rule 17 of the Rules and Regulations of the Supreme Court Bar Association (SCBA) Rules which allots a term of one year for its office bearers and it is found that the focus on ensuring more development work in court complexes and in building more offices for advocates is diverted to the enticing proposal to focus on getting re-elected for one more year which can be effectively curtailed by increasing the term of office bearers in all courts to two years! This most burning issue cannot be brushed beneath the carpet any longer now! If it is implemented, the working days will increase in courts and office bearers will get more time to address the problems of lawyers and litigants alike! One fervently hope that the Bar Council of India which controls and monitors the functioning of courts all over India in effective consultation with the State Bar Councils step forward and take the much-needed initiative in this regard that has been waiting for so long to be addressed effectively in the right earnest! No denying or disputing it!

Sanjeev Sirohi

Read More