NEW DELHI: The Supreme Court observed that the position of Bar Council of India (BCI) chairman Manan Kumar Mishra cannot be treated as an arrangement extending up to 2030, maintaining that his role is merely a pro tem arrangement until a freshly elected body is constituted. Hearing petitions that challenged the extended tenure of the apex lawyer body’s leadership, the court placed the functioning of the BCI under tighter institutional oversight.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana directed that the Attorney General for India and the Solicitor General of India must be actively associated with every policy decision taken by the BCI until fresh elections take place. Justice Joymalya Bagchi maintained that while day-to-day administration can continue under the existing interim arrangement, important policy decisions require the participation of permanent ex-officio members acting independently, such as the Attorney General.
The legal intervention stems from challenges to notifications purporting to extend the tenure of the BCI chairman and vice-chairman up to 2030, despite statutory rules prescribing a two-year term. Senior advocates representing the petitioners pointed out that transitional provisions were being used to prolong office-bearing terms, prompting the apex court to push for an expedited reconstitution process across state bar councils to elect new representatives without delay. The court recorded an undertaking on behalf of the BCI that top law officers will be involved in all policy matters during this interim period.
