NEW DELHI: The Supreme Court on Wednesday said Bar Council of India (BCI) chairperson Manan Kumar Mishra was only a “pro tem Chairman” until a freshly constituted BCI elects its office-bearers, and directed that major policy decisions be taken in consultation with the Attorney General for India and the Solicitor General, who are permanent ex-officio BCI members.A bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana said Mishra could oversee the BCI’s day-to-day functioning but could not be treated as a democratically elected office-bearer once the newly elected state bar councils complete the process of constituting a fresh BCI.“You should also bear in mind that you are like a pro tem chairman till a fresh election of the Bar Council of India, pursuant to the elections already conducted in the state bar councils, takes place,” Justice Bagchi told senior advocate Guru Krishnakumar, appearing for the BCI chairman, according to LiveLaw.“So, it is not a situation where he is democratically elected and continues to be so. His term is co-terminus with the elections which are imminent,” the judge said.The court said the existing arrangement could continue for routine administrative work but stressed that institutional checks would apply to policy decisions.“In such situations, day-to-day functioning can be left to the existing arrangement. However, when a policy decision is taken, the participation of a permanent ex officio member acting independently, such as the Attorney General, is necessary,” Justice Bagchi remarked orally, PTI said.The bench also said it was not endorsing Mishra’s continued tenure.“We are not placing any stamp of approval upon the existing arrangement. It is apparent that the present chairperson can continue only until a fresh election to the Bar Council of India takes place pursuant to the state bar council elections already conducted,” it said.The observations came while the court heard pleas challenging Mishra’s continued occupation of the BCI chairperson’s post and the legal basis for extending his tenure until 2030.Senior advocate Madhavi Divan, appearing for the petitioners, said Mishra was unanimously elected chairman for a term from April 17, 2025 to April 16, 2030. She also challenged a resolution extending the tenure of the chairman and vice-chairman from three years to five years despite rules prescribing a two-year term.
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Senior advocate Gopal Sankaranarayanan, appearing for one of the petitioners, questioned the creation of the Bar Council of India Trust for Promotion of Education, Legal and Professional Reforms and Improvement in Research.Sankaranarayanan alleged that its deed made 11 managing trustees “original and permanent trustees”. The bench questioned how elected members could appoint themselves as perpetual trustees.“The Bar Council of India is a juristic entity. That entity has created a trust from its assets through the elected members who constituted the Council. Can those elected members make themselves permanent trustees of those assets when the composition of the corporate entity that settled the trust is itself determined through elections?” it asked.The court directed the newly constituted state bar councils to elect their office-bearers and representatives to the BCI within three weeks of notification of their composition. The matter will be heard next on September 23.
