New Delhi, Sept. 2 -- The Supreme Court on Wednesday said Bar Council of India (BCI) chairman Manan Kumar Mishra can continue only as a "pro tem" office-bearer until a freshly constituted BCI elects its office-bearers, while directing that the Attorney General for India and Solicitor General be actively associated with all policy decisions of the apex lawyers' body during the interim period. The court also set a time-bound process for reconstituting state bar councils and electing their representatives to the BCI, effectively rejecting any assumption that the present leadership could continue until 2030.
A bench headed by Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said its concern was the institutional functioning and integrity of the BCI, not allegations against any individual. It said routine functioning could continue under the existing arrangement, but policy decisions would require the participation of the two senior law officers, who are permanent ex officio members of the BCI. "We are not placing any stamp of approval upon the existing arrangement," Justice Bagchi observed, adding that Mishra could continue only until fresh BCI elections were held under the Advocates Act, 1961.
The court was hearing petitions challenging Mishra's prolonged tenure and notifications extending the terms of the BCI chairman and vice-chairman to five years. Senior advocate Madhavi Divan, representing petitioners, said Mishra was unanimously elected chairman on March 2, 2025, for a term from April 17, 2025, to April 16, 2030. She pointed to a January 9, 2025, resolution extending the tenure from three years to five years, despite Rule 12(2) prescribing a two-year term.
Divan also challenged reliance on the proviso to Section 4(3) of the Advocates Act, arguing that a provision intended to prevent an administrative vacuum had been used to avoid elections and retain existing office-bearers. The bench said the provision was transitional and that the issue may no longer survive after state bar council elections were completed.
The court directed newly constituted state bar councils to elect their chairpersons, vice-chairpersons, other office-bearers and BCI representatives within three weeks of notification of their composition. It also said high courts would complete the co-option process for women members as part of the reconstitution exercise. The matter will be heard next on September 23.
The bench also questioned the creation in 2020 of the Bar Council of India Trust for Promotion of Education, Legal and Professional Reforms and Improvement in Research. Senior advocate Gopal Sankaranarayanan alleged that its deed made 11 managing trustees "original and permanent trustees", regardless of their tenure as BCI members. The court questioned whether elected members of a statutory body could make themselves permanent trustees of assets belonging to that body.
The BCI agreed to the involvement of the Attorney General and Solicitor General in policy matters. The court clarified that their role would not extend to routine day-to-day functioning but would apply whenever decisions with significant policy implications were considered.
Published by HT Digital Content Services with permission from Millennium Post.