The Supreme Court on Wednesday said it would consider the issue of reconstitution of the Bar Council of India (BCI) only after the newly elected State Bar Councils complete the statutory process for constituting the apex body.
A Bench headed by Chief Justice of India Justice Surya Kant was hearing petitions challenging the continued occupation of the BCI Chairperson’s post by Senior Advocate Manan Kumar Mishra and the purported extension of his tenure until 2030.
The Court made it clear that the question of Mr. Mishra’s continuation as BCI Chairperson, as well as the larger issue of whether the BCI requires reconstitution, would be examined after elections to all State Bar Councils are completed and their representatives are elected to the BCI.
Directions for completion of State Bar Council process
The Supreme Court directed the Chief Justices of the respective jurisdictional High Courts to ensure that the pending process of co-opting women members to the State Bar Councils is completed within two weeks.
Following the completion of the co-option process, the concerned State Bar Councils have been directed to notify their final composition within one week.
Thereafter, the Councils will have a further two weeks to complete the remaining statutory requirements under Section 4(1)(c) of the Advocates Act and submit compliance reports before the Court.
The directions are aimed at completing the statutory framework required for the constitution of an elected BCI.
Existing BCI arrangement to continue for day-to-day functioning
Pending the constitution of the elected BCI, the Supreme Court permitted the existing arrangement to continue for the purpose of carrying out the body’s day-to-day functioning.
However, the Court put in place an oversight mechanism in respect of policy decisions.
It directed that the Attorney General for India and the Solicitor General for India shall be actively associated with every policy decision taken during the interim period.
The arrangement seeks to ensure that routine functioning of the BCI does not come to a standstill while the statutory process for constituting its elected body is completed.
Chairmanship and tenure issue kept open
The petitions before the Supreme Court raise questions concerning the continuation of Senior Advocate Manan Kumar Mishra as BCI Chairperson and the purported extension of his tenure up to 2030.
The Supreme Court, however, has not presently adjudicated upon the validity of the continuation or the alleged extension. Instead, it has linked consideration of the issue with the completion of elections and statutory steps relating to the State Bar Councils.
The Court’s approach effectively prioritises completion of the statutory process for constituting the BCI before examining the challenges concerning its present leadership and composition.
The matter will therefore be considered further after the State Bar Councils complete the prescribed process and submit their respective compliance reports.
Key Supreme Court directions
- Pending co-option of women members to State Bar Councils to be completed within two weeks.
- Final composition of the State Bar Councils to be notified within one week thereafter.
- Remaining statutory requirements under Section 4(1)(c) of the Advocates Act to be completed within the subsequent two weeks.
- Compliance reports to be submitted to the Supreme Court.
- Existing BCI arrangement permitted to continue for day-to-day functioning.
- Attorney General for India and Solicitor General for India to be associated with every policy decision during the interim period.
- Questions concerning the BCI Chairperson’s continuation and possible reconstitution of the BCI to be considered after completion of the State Bar Council process.
