SC Orders Expedited Bar Council Elections, Says Mishra 'Pro Tem Chairman'
Supreme Court directs expedited Bar Council elections, addresses Manan Kumar Mishra’s tenure concerns.
advertisement
The Supreme Court of India has issued specific directions to accelerate the election process for new members of the Bar Council of India (BCI). The Court has set concrete timelines for the composition of State Bar Councils and the subsequent election of BCI office-bearers. The directions come amid legal challenges to the extended tenure of Senior Advocate Manan Kumar Mishra as BCI Chairperson. The Court will review compliance with these directions on 17 September 2026.
According to Live Law, the Supreme Court bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, has requested Chief Justices of High Courts to complete the co-option of two women members to each State Bar Council within two weeks. State Bar Councils are then required to notify their new composition within one week of this co-option process.
As reported by Bar and Bench, the newly constituted State Bar Councils must elect their Chairperson, Vice Chairperson, other office bearers, and a representative to the BCI within three weeks of notification. The Supreme Court clarified that the issue of BCI reconstitution will be considered only after these steps are completed and compliance reports are submitted.
The Court also recorded an undertaking from the BCI that the Attorney General for India and the Solicitor General of India, both ex-officio BCI members, will be actively involved in every major policy decision. The bench stated, “Both the Attorney General for India and the Solicitor General for India shall be actively associated with every policy decision taken by the Bar Council of India.”
“If the rule holds, it can't extend beyond 2027. On the face of the rule, notification can't override a statute and empower a body to give additional tenure,” Justice Joymalya Bagchi observed during the hearing.
Legal challenges were raised regarding the April 2025 notification that extended Manan Kumar Mishra’s tenure as BCI Chairperson until 2030, while commenting that he was a "pro tem Chairman." Courtroom arguments highlighted that BCI Rule 12(2) prescribes a two-year term for both the Chairperson and Vice Chairperson, and that the notification did not specify the statutory provision under which it was issued.
Further analysis showed that the Supreme Court is examining the statutory framework rather than focusing on any individual. The Court noted that the Advocates Act, 1961, and the BCI Rules do not permit an extension of tenure beyond the prescribed term, and any notification contrary to these rules cannot supersede statutory provisions.
Petitioners argued that transitional provisions in Section 4(3) of the Advocates Act, intended to prevent administrative vacuum, were being misused to prolong the tenure of existing office-bearers. The Supreme Court was informed that delays in Bar Council elections were attributed to the verification of lawyers’ degrees, which had stalled the process and allowed the current Chairperson to continue.
“The newly constituted State Bar Councils are directed to elect their statutorily prescribed office-bearers, including their respective representatives to the Bar Council of India, within a period of two weeks from the date on which their composition is notified,” the Supreme Court ordered.
At the end of the hearing, reporting indicated that the Supreme Court will next review the matter on 17 September 2026 to ensure compliance with its directions regarding the co-option and notification of new State Bar Councils’ composition.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.