Supreme Court Questions BCI Chairman Manan Kumar Mishra's Extended Tenure

Synopsis

The Supreme Court questioned Manan Kumar Mishra's extended tenure as BCI chairman. His continuation is not a mandate to remain chairman until 2030. The court emphasized his role as a pro tem chairman until new elections occur. High court chief justices must complete state bar council co-options within two weeks. New state bar councils will then elect their office-bearers and BCI representatives.

New Delhi: The Supreme Court on Wednesday questioned the continued tenure of Bar Council of India (BCI) chairman Manan Kumar Mishra, making it clear that his continuation in the post cannot be treated as a mandate to remain chairman until 2030. The court observed that he is only a "pro tem" chairman until a freshly constituted BCI elects its office-bearers.

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A three-member bench of Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana was hearing a clutch of petitions challenging Mishra's prolonged tenure and seeking BCI's reconstitution through fresh elections. Mishra is also a BJP Rajya Sabha MP.

Petitioners' arguments

Justice Bagchi verbally remarked that the existing arrangement was only meant to ensure the day-to-day functioning of BCI until fresh elections. "It is not a situation where he is democratically elected and continues to be so," the bench orally observed, stressing that Mishra's tenure was co-terminus with the election of a newly constituted BCI.

The court's intervention followed arguments challenging a 2025 notification that purportedly extended Mishra's tenure as BCI chairman until April 2030. Petitioners pointed out that Rule 12(2) of the BCI Rules prescribes a two-year tenure for the chairman and vice chairman.

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The bench questioned how a notification could override the statutory rules. Justice Bagchi observed if the rule prescribing a two-year tenure applied, an administrative notification could not confer an additional term.

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Rather than immediately deciding the legality of Mishra's continuation, the court sought to accelerate the process of constituting new state bar councils, which would pave the way for BCI's reconstitution.

The bench directed the high court chief justices to complete the co-option of two women members to the state bar councils within two weeks. The councils have thereafter been directed to notify their new composition within a week. The newly constituted state bar councils must then elect their office-bearers and representatives to BCI within three weeks.

The court will consider BCI's reconstitution after receiving compliance reports from state bar councils.