The Supreme Court of India has initiated measures to expedite the reconstitution of the Bar Council of India (BCI) by establishing a detailed five-week timeline for conducting fresh elections. This move comes in response to a petition that challenged the extended tenure of BCI Chairman Manan Kumar Mishra, who has held the position since 2014 over multiple terms. The court’s order has also curtailed Mishra’s powers, restricting him to only day-to-day administrative functions until the electoral process is completed.

The petition arose after controversy at NALSAR University, where Mishra threatened to obstruct the enrolment of graduating students due to their objections against inviting Chief Justice of India Surya Kant to their convocation. The Supreme Court’s bench, which included Chief Justice Surya Kant, Justice Joymala Bagchi, and Justice V Mohana, has mandated close supervision of BCI operations and the prompt conduct of elections to reinstate the democratic framework within the council.

Concerns About Mishra’s Extended Tenure

During court proceedings, the petitioners, represented by senior advocates Madhavi Divan and Chander Uday Singh, highlighted that the BCI’s own rules stipulate a tenure of only two years for the chairman and vice-chairman. However, a gazette notification issued in April 2025 erroneously extended Mishra’s term by an additional five years, pushing it to April 2030. Justice Bagchi expressed significant concern, questioning the legality of extending a tenure through an administrative notification when the governing rule explicitly states a shorter term.

The petitioners argued that Mishra’s prolonged tenure has resulted in an excessive centralisation of power. They also claimed that BCI assets were being transferred under the guise of establishing a private trust. As part of its ruling, the Supreme Court opted not to remove Mishra immediately but instead implemented a temporary arrangement to maintain BCI functionality while the election process unfolds.

In the interim, Mishra is tasked solely with routine administrative tasks. Any major policy or structural decisions will require the input and approval of Attorney General R Venkataramani and Solicitor General Tushar Mehta, thereby ensuring that significant actions are deferred until after the elections.

Timeline for Reconstitution of BCI

The Supreme Court has detailed a strict timeline for the electoral process. Within two weeks, the Chief Justices of all High Courts are instructed to nominate two women members to their respective State Bar Councils. Following this, the revised composition of these councils will be announced within a week.

Subsequently, the State Bar Councils will have a three-week window to elect their chairpersons and determine their representatives for the BCI. The newly elected representatives from each state will then convene to choose the next chairman and other officials for the BCI.

The Supreme Court will reconvene on September 17, 2026, to review the states’ compliance reports. At this meeting, the court is expected to assess the progress made towards finalising the elections and reconstituting the Bar Council of India.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store –  https://apps.apple.com/in/app/newspin/id6746449540 

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share