By Hasnain Khawja
The Jammu & Kashmir High Court Bar Association stands as a crucial institution representing the legal fraternity, ensuring the fair administration of justice and upholding the rule of law. However, in recent years, the association has been plagued by a severe democratic deficit, with its functioning effectively hijacked by a closed group operating in a completely opaque and undemocratic manner. The legal community, which has long been committed to upholding constitutional values, now finds itself denied the basic right to participate in the affairs of its own representative body.
For a considerable period, elections within the Bar Association have been delayed indefinitely, and key decisions are being taken without consulting the general body. The very essence of a democratically functioning Bar Association—which relies on transparency, accountability, and regular elections—has been replaced by arbitrary decision-making. The continued exclusion of members from the electoral process has led to growing discontent within the legal fraternity, raising serious concerns about the credibility and fairness of the Association’s leadership.
One of the most alarming aspects of this situation is the fact that the J&K High Court Bar Association, which was previously unregistered, has now been duly registered. If the Association is now legally recognized and in full consonance with the Advocates Act, 1961, there exists no justifiable reason to delay elections any further. Any attempt to obstruct or indefinitely postpone the democratic process would not only be arbitrary but would also violate the fundamental principles of fairness and justice enshrined in our legal system.
The recent Assembly Elections in Jammu & Kashmir stand as a testament to the fact that the people of J&K strongly believe in the democratic process. The massive voter turnout and enthusiastic participation in these elections reflect the people’s unwavering commitment to democracy and electoral representation. The Hon’ble Prime Minister himself lauded the people of J&K for their trust in the democratic process, recognizing this as a historic shift in the region’s political landscape.
Now that the tide has turned in Kashmir, it is imperative that this renewed faith in democracy extends to all institutions, including the J&K High Court Bar Association. Just as the people of Jammu & Kashmir have exercised their right to vote in Assembly elections, lawyers must also be given the opportunity to participate in a free and fair Bar Association election.
It is deeply unfortunate that while members of the Bar are committed to upholding the Constitution of India and contributing to the legal system, they are not being trusted or allowed to play their rightful role within their own Association. This exclusionary approach not only undermines faith in the institution but also threatens the foundational values of justice and democracy. Lawyers, who serve as the defenders of constitutional rights, are themselves being denied basic democratic participation within their professional body.
In light of this alarming situation, there is an urgent need for intervention to restore the democratic structure of the Bar Association. It is imperative that the Chief Minister of Jammu & Kashmir takes up this matter at the highest levels, engaging with, the Lieutenant Governor’s Office, Law Department Govt of J&K and Police Department of J&K.
The Way Forward
The solution to this crisis is clear:
1. Immediate Announcement of Free and Fair Elections – Since the Association is now duly registered, elections must be held at the earliest under an independent and impartial election body.
2. Strict Enforcement of Democratic Norms – All decisions must follow due process, with regular general body meetings and complete transparency in financial and administrative matters.
3. Oversight Mechanism to Prevent Future Abuse of Power – A structured institutional framework must be put in place to ensure democratic functioning and prevent future irregularities.
The legal fraternity plays a pivotal role in upholding the rule of law and safeguarding democracy. It is therefore unacceptable that its own representative body is functioning in a manner that contradicts these very principles. If immediate steps are not taken, the credibility of the Bar Association will suffer irreversible damage, affecting not just lawyers but also the broader legal and judicial system.
The people of Jammu & Kashmir have already shown their commitment to democracy. Now, it is time for the legal community to be given the same opportunity. The government must act now to ensure that the J&K High Court Bar Association returns to a truly democratic and transparent system, where every lawyer has the right to participate in shaping the future of their profession. The elections of the Bar Association are not just necessary—they are the need of the hour.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
- Hasnain Khawja is a Chevening Scholar and a practicing advocate at High Court of J&K.
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