NEW DELHI: Questioning the five-year tenure of Bar Council of India (BCI) Chairman Mannan Kumar Mishra, the Supreme Court on Wednesday said his continuation cannot be viewed as a tenure running until 2030 and directed Attorney General (AG) and Solicitor General (SG) to participate in major policy decisions of the Council.
The court indicated that Mishra’s position is, prima facie, only a temporary arrangement until a newly constituted BCI elects its office-bearers. “The newly constituted State Bar Councils will complete their co-option exercises, elect fresh representatives to BCI. The State Bar Councils should submit compliance reports before the Supreme Court,” the bench said.
A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, directed the top law officers to be involved in all significant policy decisions until its reconstitution.
The issue arose during a hearing concerning elections to State Bar Councils, along with a challenge to Mishra’s continuation as BCI chairman and notifications that purportedly extended the terms of the chairman and vice-chairman to five years. “Until the reconstitution of BCI, the existing BCI office-bearers can handle routine affairs. However, policy decisions cannot be taken without the involvement of AG and the SG,” the bench said.
Senior advocate Madhavi Divan, appearing for the petitioners, told the court that Mishra was unanimously elected chairman on March 2, 2025, with his term stated to run from April 17, 2025, to April 16, 2030. She referred to a January 9, 2025 resolution that sought to increase the tenure of the chairman and vice-chairman, despite Rule 12(2) of the BCI Rules prescribing a two-year term.
Divan also challenged the proviso to Section 4(3) of the Advocates Act, which allows members to remain in office until their successors are elected. She argued that a provision intended to prevent an administrative vacuum was being used to prolong the tenure of existing office-bearers. The court said the provision was meant to operate as a transitional mechanism.
The bench also questioned whether an elected statutory body could use its resources to establish a trust in which certain individuals would retain permanent positions even after leaving the body. The court will consider BCI Trust issue after State Bar Councils submit compliance reports. The matter will next be heard on September 23.
Lens on resource use by statutory body
The bench also questioned whether an elected statutory body could use its resources to establish a trust in which certain individuals would retain permanent positions even after leaving the body. The court will consider BCI Trust issue after State Bar Councils submit compliance reports. The matter will be heard on September 23.