Also Read: Plea in SC challenges Manan Kumar Mishra’s decade-long tenure as BCI Chairman, seeks removal
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.
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.
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.
Also Read: Who is Manan Kumar Mishra? BCI chief who banned NALSAR students from enrolling in state barsRather 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.
