New Delhi, Sept. 2 -- The Supreme Court has questioned the continuation of Bar Council of India (BCI) chairman Manan Kumar Mishra in office until 2030, observing that his position is, prima facie, only "pro tem" until a freshly constituted BCI elects its office-bearers.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said the existing arrangement could continue for day-to-day functioning but could not be treated as an extension of Mishra's tenure until 2030.
The court was hearing petitions challenging Mishra's prolonged tenure and the validity of notifications that purportedly extended the terms of the BCI chairman and vice-chairman to five years. The petitioners argued that BCI rules prescribe a two-year term for the chairman and vice-chairman.
The bench questioned how the tenure could be extended from three years to five years when the rules provide for only two years. It also said the provision allowing office-bearers to continue until their successors are elected was intended as a transitional mechanism to prevent an administrative vacuum, rather than to indefinitely prolong their tenure.
The court directed that the Attorney General and Solicitor General of India, who are ex-officio members of the BCI, must be actively associated with every policy decision taken by the council until it is reconstituted through fresh elections. However, they would not be required to participate in the BCI's routine day-to-day functioning.
The court's intervention also followed concerns over the concentration of powers within the BCI. During the hearing, a petitioner raised questions about the Bar Council of India Trust for Promotion of Education, Legal and Professional Reforms and Improvement in Research, or PEARL Trust, created in 2020. It was alleged that the trust's deed made 11 managing trustees permanent irrespective of their tenure as BCI members.
The bench questioned whether elected members of a statutory body could use its assets to create a trust in which they remained permanent trustees even after their tenure in the elected body ended.
The Supreme Court also laid down a roadmap for the reconstitution of the BCI following elections to state bar councils. Newly constituted state bar councils will elect their chairpersons, vice-chairpersons, other office-bearers and their representatives to the BCI. The process is expected to pave the way for the election of a fresh BCI leadership.
The matter has been listed for September 23, when the court will consider the progress of the reconstitution process.
Published by HT Digital Content Services with permission from Millennium Post.