Eknath Shinde faction argues in Supreme Court ‘legislative majority’ still a factor to decide ‘real’ Shiv Sena
It says the Supreme Court had not ruled out the veracity of the test in a 2023 Constitution Bench judgment in the Subhash Desai case
The Supreme Court cautioned Bar Council of India Chairman Manan Kumar Mishra that he holds only a pro tempore position and is not a democratically elected officeholder. This distinction was emphasized by a three-judge bench led by Chief Justice Surya Kant, as they considered challenges to Mishra's extended tenure. The court affirmed that Mishra's duties are confined to overseeing the BCI's day-to-day operations until a new Council is formed.
The bench suggested that the Attorney General and Solicitor General, who are permanently ex-officio members of the BCI, should participate in significant policy decisions. The observations clarified the difference between Mishra's interim role and the powers of a democratically elected BCI Chairman.
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