Supreme Court Slams Bar Council of India: “Do Retired Judges Have Their Own Aircraft?” Over Allowances Issue

Supreme Court Slams Bar Council of India: “Do Retired Judges Have Their Own Aircraft?” Over Allowances Issue

Apex Court questions denial of honorarium and travel facilities to ex-judges monitoring elections

Ruling highlights dignity, accountability, and respect for retired judiciary in public duties

By Our Legal Reporter

New Delhi: January 28, 2026:

In a sharp rebuke, the Supreme Court of India has pulled up the Bar Council of India (BCI) for failing to provide adequate honorarium and travel allowances to retired High Court judges appointed to supervise State Bar Council elections. The Court’s remarks came during a hearing on January 27, 2026, when Chief Justice Surya Kant, along with Justice R. Mahadevan and Justice Joymalya Bagchi, questioned the BCI’s treatment of former judges.

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The CJI’s rhetorical question — “Do retired judges have their own aircraft?” — underscored the Court’s frustration with the BCI’s refusal to cover basic expenses for judges tasked with ensuring free and fair elections in the legal fraternity.

Background of the Case

• The issue was raised by Senior Advocate V. Giri, a member of the High-Powered Election Supervisory Committee.
• Retired judges, including former Chief Justices, were appointed by the Supreme Court to monitor elections to State Bar Councils.
• The BCI reportedly told these judges that it lacked funds to pay their honorarium and travel allowances.
• The Supreme Court expressed strong disapproval, noting that such treatment undermines the dignity of the judiciary.

Court’s Key Observations

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1. Judges Cannot Self-Fund Duties: The Court stressed that retired judges cannot be expected to bear personal costs for court-mandated responsibilities.
2. Honorarium Must Be Befitting: The Court said the honorarium should reflect the status and dignity of former judges.
3. Institutional Accountability: The BCI, as a statutory body, must comply with directions and ensure proper support for election committees.
4. Public Confidence: The Court emphasized that undermining judges’ damages public trust in the legal system.

Why This Ruling Matters

• For Judiciary: Reinforces respect and dignity for retired judges performing public duties.
• For Legal Fraternity: Ensures transparency and fairness in Bar Council elections.
• For Governance: Highlights accountability of statutory bodies like the BCI.
• For Citizens: Strengthens confidence in the independence and integrity of the judiciary.

Wider Implications

• Election Oversight: Ensures that Bar Council elections are monitored fairly and without financial constraints.
• Judicial Dignity: Sets a precedent for how retired judges should be treated when appointed to public roles.
• Institutional Responsibility: Reinforces that statutory bodies cannot plead lack of funds to avoid compliance.
• Public Perception: Enhances trust in the judiciary’s role in regulating the legal profession.

Expert Opinions

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• Legal Scholars: Applaud the Court for defending judicial dignity and calling out institutional lapses.
• Bar Associations: Stress that proper allowances are essential for fair election monitoring.
• Civil Society: Welcomes the ruling as a step toward accountability and respect for retired judges.

Conclusion

The Supreme Court’s sharp remarks against the Bar Council of India mark a landmark moment in judicial accountability. By asking whether retired judges “have their own aircraft,” the Court highlighted the absurdity of expecting them to self-fund duties mandated by the judiciary.

This ruling reinforces the principle that judicial dignity and institutional responsibility must go hand in hand, ensuring that retired judges are respected and supported when serving the public interest.

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