Supreme Court Rules BCI Chairperson Manan Mishra is Pro Tem Until New Elections

The Supreme Court on Wednesday ruled that Bar Council of India (BCI) Chairperson Manan Kumar Mishra is serving only in a pro tem capacity until a freshly constituted body elects new office bearers. A three judge bench, led by Chief Justice of India Surya Kant, directed that the Attorney General and Solicitor General must be consulted on all policy decisions in the interim to ensure institutional integrity. The ruling follows petitions challenging a 2025 notification that sought to extend the tenure of the chairperson and vice chairperson until 2030, despite BCI rules prescribing a two year term.

The court observed that the provision intended to prevent an administrative vacuum cannot be used to avoid elections or override statutes. Chief Justice Kant noted that concerns regarding the tenure would be resolved once elections are completed. Consequently, the court ordered Chief Justices of high courts to complete the co option of two women members to state bar councils within two weeks, with the newly constituted state councils required to elect BCI representatives within three weeks of that notification.

Beyond the tenure dispute, the court examined allegations regarding the BCI PEARL FIRST Trust. Petitioners raised concerns about a lack of financial transparency and the appointment of elected members as permanent managing trustees. Justice Joymalya Bagchi questioned whether elected officials could name themselves perpetual trustees of a body created from the assets of a juristic entity. The court also referenced a recent controversy involving Mr. Mishra's aborted attempt to ban the professional enrolment of NALSAR University students who had protested the Chief Justice's presence at their convocation, an incident for which Mr. Mishra later apologized.