Supreme Court mandates Attorney General and Solicitor General involvement in BCI policy decisions
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The BCI is the apex statutory body governing the legal profession in India. Petitioners have challenged the prolonged tenure of the current chairperson and requested a financial audit.
NEW DELHI: The Supreme Court on Wednesday said the Bar Council of India (BCI) must take its policy decisions in consultation with the Attorney General for India and the Solicitor General for India. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana made the observation while hearing writ petitions challenging the legality of BCI chairperson Manan Kumar Mishra's prolonged tenure and seeking his removal from the post.
"Both the Attorney General for India and the Solicitor General for India shall be actively associated with every policy decision taken by the Bar Council of India," the bench said.
The court was hearing pleas filed by advocates M Varadhan and Yogamaya MG, who have challenged Mishra's continued tenure as BCI chairperson. According to the plea filed by advocate Yogamaya MG, Mishra was first elected as BCI chairman till 2012. Although he briefly demitted office in 2014, he returned as chairman in November of the same year and has remained in the post since then. The petitioners have also sought an audit of the BCI's financial affairs and those of the BCI-PEARL FIRST TRUST. The Supreme Court's direction came amid the petitions questioning Mishra's prolonged continuation at the helm of the country's apex statutory body governing the legal profession.
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