New Delhi: The BCI chairman Manan Kumar Mishra issue came under the spotlight after the Supreme Court clarified that Mishra is currently serving only as a pro tem Chairman of the Bar Council of India (BCI).
The Court said he cannot be treated as a democratically elected Chairman and should mainly handle the day-to-day functioning of the Council until fresh elections are completed.
The observations were made while the Court was hearing petitions challenging Mishra’s continued tenure as BCI Chairman beyond the period prescribed under the Bar Council rules.
BCI Chairman Manan Kumar Mishra Issue: What Did The Supreme Court Say
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana stated that Manan Kumar Mishra’s continuation is only a temporary arrangement until a newly elected Bar Council of India is formed.
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The Court emphasized that Mishra cannot claim the authority of a democratically elected Chairman because fresh elections are expected after the constitution of State Bar Councils.
Day-To-Day Functions Allowed
The Supreme Court said Mishra may continue to oversee routine administrative work of the BCI. However, his role is limited to ensuring that the institution functions smoothly until the election process is completed.
Policy Decisions Need Wider Consultation
The Court made it clear that major policy decisions should not be taken by the pro tem Chairman alone. It directed that the Attorney General of India (AG) and the Solicitor General of India (SG), who are ex-officio members of the BCI, must be actively involved in every important policy decision.
Why Is The BCI Chairman Manan Kumar Mishra Case Important
The petitions before the Supreme Court question the prolonged continuation of Manan Kumar Mishra as BCI Chairman. The matter gained attention after the controversy involving NALSAR University, where decisions taken by the BCI regarding enrolment of graduates led to criticism and legal challenges. The Court clarified that it is examining the statutory framework governing the BCI and not targeting any individual person.
Supreme Court Sets Timeline For New BCI Elections
To resolve the issue, the Supreme Court issued directions aimed at speeding up the formation of State Bar Councils and the election of a new Bar Council of India.
Key Directions Issued By The Court
- High Courts should complete the co-option of women members to State Bar Councils within two weeks.
- State Bar Councils should notify their final composition within one week after that process.
- State Bar Councils should elect office-bearers and representatives to the BCI within two weeks.
The Court said it will consider the reconstitution of the BCI after these steps are completed.
Why The Attorney General And Solicitor General Matter
The Attorney General and Solicitor General are statutory members of the BCI. The Supreme Court said their participation will help maintain institutional integrity and ensure that important policy decisions are taken with proper legal oversight. The Court also recorded an undertaking from the BCI that both officers will be involved in future policy decisions.
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FAQs
Yes, but only for day-to-day functioning of the Bar Council of India until fresh elections are completed.
The Court said Mishra is continuing only as a temporary arrangement until a newly elected Bar Council of India is formed. Therefore, he cannot be treated as a democratically elected Chairman.
The Court ordered that the Attorney General and Solicitor General should be actively associated with every major policy decision taken by the BCI.
