The Supreme Court said it will consider reconstituting the Bar Council of India after newly constituted State Bar Councils elect their representatives to the national body, while directing AG and SG participation in BCI policy decisions.
The Supreme Court on Wednesday said it will consider the reconstitution of the Bar Council of India (BCI) after the completion of elections and statutory processes for State Bar Councils.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, was hearing petitions challenging the continued tenure of BCI Chairman Manan Kumar Mishra and raising issues concerning the functioning and administration of the national bar body.
The Court said the newly constituted State Bar Councils must elect their prescribed office-bearers, including their respective representatives to the BCI. Once the councils submit compliance reports, the Supreme Court will consider the issue of reconstituting the BCI under Section 4 of the Advocates Act, 1961.
Timelines set for State Bar Councils
The Court has sought to expedite the process leading to the constitution of a new BCI.
High Court Chief Justices have been requested to complete the co-option of two women members to the State Bar Councils within two weeks. The councils must then notify their composition, following which the newly constituted bodies will elect their chairpersons, vice-chairpersons, other office-bearers and representatives to the BCI.
The State Bar Councils have also been directed to submit compliance reports to the Supreme Court. The matter is scheduled to come up again on September 17 to assess compliance with the Court's directions.
Existing BCI leadership to handle routine affairs
The Supreme Court did not pass any adverse direction against Manan Kumar Mishra on Wednesday.
Instead, the existing BCI office-bearers can continue handling routine affairs until the national body is reconstituted. The Court described Mishra's position as effectively pro tem pending fresh BCI elections.
The arrangement follows petitions questioning the legal basis for the continuation of Mishra as BCI chairman and challenging a 2025 notification that purportedly extended the tenure of the chairman and vice-chairman until 2030.
AG, SG to be involved in policy decisions
The Court also directed that Attorney General R. Venkataramani and Solicitor General Tushar Mehta be actively associated with every policy decision taken by the BCI.
The two are ex-officio members of the BCI. The Court recorded the BCI's position that they would be involved when significant policy decisions are considered, while routine day-to-day functioning can continue without their participation.
Petitions also raise BCI trust concerns
The proceedings also involve challenges concerning the PEARL-FIRST Trust associated with the BCI. Petitioners have raised questions about its creation, management and finances, alongside their challenge to the prolonged tenure of the BCI leadership.
The Supreme Court, however, indicated that its immediate priority is completing the statutory process for constituting the State Bar Councils and subsequently reconstituting the BCI.
The Court said it was examining the institutional and statutory framework rather than targeting an individual office-bearer.
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