Manan Mishra's BCI tenure under SC challenge: Plea seeks removal, fresh elections and term limits.
NEW DELHI: A day after Bar Council of India (BCI) chairman Manan Kumar Mishra said he would not resign from the post, a petition has been filed in the Supreme Court challenging his decade-long tenure. The plea seeks his removal, fresh elections and reforms to the rules governing the Chairman's term.
The plea, filed by advocate Yogamaya MG through advocate Deepak Prakash, challenges the legality of Mishra's prolonged tenure and contends that Rule 12(2) of the BCI Rules prescribes a two-year term for the Chairman and Vice-Chairman, or until cessation of membership, whichever is earlier. The petitioner has also challenged an April 21, 2025 Gazette notification that purportedly extends Mishra's tenure until 2030, arguing that an administrative notification cannot override the statutory framework governing the BCI. The plea has urged the apex court to quash the notification and direct the BCI to withdraw or rescind it.
"Although Rule 12(2) prescribes a two-year tenure, no meaningful restriction exists upon repeated re-election. Consequently, the office has remained with the same individual for nearly twelve years," the petition stated. It further argued that such prolonged concentration was "prima facie inconsistent with the representative scheme embodied in Section 4(1)(c)", under which every State Bar Council contributes to the composition of the BCI. "A national institution representing the entire legal profession should not permit its highest office to remain concentrated indefinitely in one individual or a narrow regional grouping," the petition stated.
Among its reliefs, the plea seeks Mishra's removal, fresh elections within a time-bound period under independent supervision, and the introduction of a cumulative cap on the number of years a person can serve as BCI Chairman. The petitioner has also sought a cooling-off period and a transparent rotational mechanism to give representatives from different States and regions an opportunity to head the BCI. The plea further asks the Supreme Court to constitute an independent committee headed by a former Supreme Court judge or former Chief Justice of a High Court. According to the petition, the committee could be assisted by an auditor nominated by the CAG, along with financial and technical experts.
The petitioner has also raised concerns over the functioning and finances of the BCI Trust, "PEARL-FIRST", and the financial affairs of the All India Bar Examination. It has sought an independent inquiry and a time-bound audit of statutory funds, examination receipts, institutional receipts, Trust finances, vendor contracts and related party transactions.
The petition traces Mishra's tenure as BCI Chairman to 2012. It states that although he briefly demitted office in 2014, he returned as Chairman in November that year and has remained in the post since. Mishra was elected unopposed again in March 2025, which the petitioner claims was his seventh consecutive term. The plea also refers to Mishra becoming a Rajya Sabha member after being nominated by the BJP in 2024. It clarifies that the petitioner does not contend that political affiliation, by itself, makes Mishra ineligible, but raises concerns about the perception of institutional neutrality.
"Petitioner does not seek the removal of any individual merely because of political affiliation or personal disagreement with any office bearer," the plea stated. "The challenge is directed against structural illegality, alleged concentration of institutional control, prolonged concentration of statutory power, violation of mandatory statutory provisions governing tenure and elections, arbitrary exercise of regulatory authority, absence of transparency and accountability, and failure to preserve the representative democratic character contemplated under the Advocates Act, 1961," it added.
Mishra rejects resignation calls amid NALSAR controversy
The petition comes a day after Mishra rejected calls for his resignation following a protest by lawyers outside the BCI office in New Delhi.
"I have served as the Chairman of the Bar Council of India for 12 to 14 years because I was elected. Manan Mishra represents 25 lakh lawyers; he will not step down simply," Mishra said.
He also defended the BCI's handling of the NALSAR University controversy, calling the students' boycott of the Chief Justice of India "deeply objectionable". Mishra said the BCI withdrew an order against the students within 15 minutes. He also said around 15 students had gathered outside the BCI office demanding his resignation.
The controversy followed a BCI order on August 13 directing State Bar Councils not to enrol NALSAR University's 2026 graduating batch amid a student campaign linked to recent judicial developments and the invitation to CJI Surya Kant to their convocation. After criticism, the BCI permitted enrolment and withdrew the proceedings, saying most students were innocent. CJI Kant later termed the order "absolutely unnecessary", upheld the students' right to protest and barred punitive action against NALSAR students or faculty.
