SC questions Bar Council chief's 5-year tenure, puts policy decisions under AG, SG watch

The Supreme Court has tightened oversight of the Bar Council of India (BCI), requiring the Attorney General (AG) and Solicitor General (SG) to actively participate in every policy decision until the BCI is reconstituted through fresh elections. The court dismissed Manan Kumar Mishra's claim that his position as BCI chairman was valid until 2030, deeming it only a provisional continuation until a new leadership is elected.

This ruling follows a recent critique of the BCI's intervention in the controversy surrounding NALSAR University of Law's 2026 graduating batch. Earlier, Mishra had suspended enrolment of students protesting the CJI's attendance at their convocation, later apologizing for the actions. The court emphasized the importance of restoring the statutory electoral scheme following state bar council elections, which took place as directed by the court.

The controversy centered on BCI notifications from 2025 extending Mishra's and vice-chairperson S Prabhakaran's tenure to five years, despite the rules stipulating only two-year terms. The court questioned the legality of this extension, noting that a provision in the Advocates Act was meant to prevent administrative vacuum, not perpetuate existing office-holders.

The bench also expressed concerns over the concentration of power within the BCI and the creation of a trust controlled by current and former BCI members, the PEARL Trust. Until the reconstitution is completed, the AG and SG will be "actively associated" in significant decisions, providing an institutional check. The court set a four-week timeline for completing the reconstitution process, with newly formed bar councils required to notify their final composition within a week.