Supreme Court Fast-Tracks Bar Council of India Elections, Restricts Manan Mishra's Powers

The Supreme Court has ordered a fast-tracked process to reconstitute the Bar Council of India (BCI), laying down a strict five-week roadmap for fresh elections while restricting chairman Manan Kumar Mishra's powers until a newly elected body takes charge.

The court directed that Mishra would continue to handle only routine day-to-day administrative work during the interim period. Major policy and structural decisions will require the active participation and approval of the Attorney General R Venkataramani and Solicitor General Tushar Mehta.

The Supreme Court's intervention came in response to a plea challenging Mishra's prolonged tenure as chairman of the Bar Council of India. Mishra has held the position since 2014 through multiple terms.

The petitioners argued that under Rule 12(2) of the BCI, the tenure of the chairman and vice-chairman is limited to two years. However, a gazette notification issued in April 2025 extended Mishra's tenure for another five years, until April 2030.

During the hearing, the court questioned how a tenure prescribed for two years could be extended for five years through an administrative notification.

The petitioners also raised concerns regarding the alleged centralisation of power within the Bar Council and made allegations concerning the transfer of BCI assets through the creation of a private trust.

Instead of immediately removing Mishra from the position, the Supreme Court introduced an interim arrangement aimed at ensuring that the Bar Council continues to function while its democratic and elected structure is renewed.

Under the court's five-week roadmap, Chief Justices of all High Courts have been directed to nominate two women members to their respective State Bar Councils within two weeks.

The revised composition of the State Bar Councils will then be notified within one week. Following this, the State Bar Councils will have three weeks to elect their chairpersons and representatives to the Bar Council of India.

The elected representatives from the State Bar Councils will subsequently elect the new BCI chairman and other office-bearers.

The Supreme Court is scheduled to review compliance reports from the states on September 17 as it monitors the progress of the election process.

The interim arrangement is intended to prevent major policy or structural decisions from being taken by the existing leadership while the Bar Council of India undergoes the process of reconstitution through fresh elections.