The Supreme Court has imposed restrictions on the Bar Council of India (BCI), ruling that it cannot take major policy decisions without the consent of the Attorney General and Solicitor General. The order came while the court was hearing petitions challenging the long tenure of BCI chairman Manan Kumar Mishra. The bench said Mishra would continue only as a pro-tem chairman until an elected body takes office. It also directed that the election process be completed within five weeks, with representatives from state bar councils choosing the BCI's new leadership.
Policy Checks
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana noted that state bar council elections had already been held.
Justice Bagchi observed that Mishra had not been democratically elected for another term. Until the new body is formed, he can handle only routine administrative matters. Major policy decisions will require the consent of the Attorney General and Solicitor General.
The petitioners argued that BCI Rule 12(2) limits the chairman's term to two years. They alleged that a notification issued in April 2025 extended Mishra's tenure until April 2030. They also alleged that he was creating a trust to transfer BCI assets.
Senior advocates Madhavi Divan, Gopal Sankaranarayanan and CU Singh sought a new committee. Senior advocates Maninder Singh and DS Naidu, appearing for the BCI, opposed the allegations.
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Election Timeline
The Supreme Court directed chief justices of every state high court to nominate two women members to state bar councils within two weeks. Notifications constituting the councils must then be issued within one week.
Within the following three weeks, each state bar council must elect its chairman, vice-chairman and other office-bearers, along with its representative to the BCI.
The court said these steps would establish each state's BCI representative within five weeks. Those representatives will then elect the BCI's new chairman and office-bearers.
The court said removing Mishra immediately would not be appropriate and chose to accelerate the election process. The matter returns again on September 17, when the court will review the steps taken to comply with its directions.
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