SC moves to fast-track BCI elections, restricts chair Manan Mishra's powers

The Supreme Court has moved to fast-track the reconstitution of the Bar Council of India (BCI), putting in place a strict five-week roadmap for fresh elections and limiting the powers of its chairman, Manan Kumar Mishra, to day-to-day administrative functioning until the new body is elected.The order came in response to a plea challenging Mishra's prolonged tenure as BCI chairperson, a post he has occupied since 2014 over multiple terms.The plea was filed in the days after the NALSAR University row triggered by Mishra warning of blocking the enrolment of the graduating students over their objection to Chief Justice of India Surya Kant being invited to their convocation ceremony.A bench comprising the CJI and Justices Joymala Bagchi and V Mohana on Wednesday ordered strict monitoring of the BCI's functioning and fresh elections, as well as to restore the Council's democratic structure instead of immediately removing the Chairman. Senior advocates Madhavi Divan and Chander Uday Singh, representing the petitioners, informed the court that under Rule 12(2) of the BCI, the tenure of the chairman and vice-chairman is only two years.Despite this, a gazette notification was issued in April 2025, extending Mishra's term for another five years, until April 2030. During the hearing, Justice Bagchi strongly objected, asking how Mishra's tenure could be extended to five years through an administrative notification when the rule is for two years.The petitioners further alleged that Mishra's tenure is leading to centralisation of power and added that BCI assets were being transferred through the creation of a private trust.Rather than ordering Mishra's immediate removal, the Supreme Court has put in place an interim arrangement to ensure that the BCI continues to function while the electoral process is completed.Until the BCI is reconstituted through fresh elections, Mishra will be restricted to day-to-day administrative work.Major policy decisions of the Council will require the active participation and approval of Attorney General R Venkataramani and Solicitor General Tushar Mehta.The arrangement is intended to prevent major policy or structural decisions from being taken while the Council's elected composition is being renewed.5-WEEK ROADMAP FOR FRESH ELECTIONSThe Supreme Court has also laid down a tight schedule for completing the electoral process.Under the roadmap, the Chief Justices of all High Courts have been directed to nominate two women members to the respective State Bar Councils within two weeks.The revised composition of the State Bar Councils will then be notified within one week.The State Bar Councils will subsequently have three weeks to elect their chairpersons and their respective representatives to the BCI.The elected representatives from the states will thereafter come together to elect the new BCI chairman and other office-bearers.The court will next consider the compliance reports from the states on September 17, when it is expected to review the progress made towards completing the election process.- EndsPublished By: Karishma Saurabh KalitaPublished On: Sep 3, 2026 12:12 IST