SC puts BCI policy decisions under AG, SG oversight ahead of polls
Supreme Court directs BCI to consult Attorney General and Solicitor General on policy decisions ahead of bar elections.
The Supreme Court on Wednesday directed the Bar Council of India (BCI), functioning under its pro-tem chairperson Manan Kumar Mishra, to consult the Attorney General and Solicitor General before taking any policy decisions. The direction comes ahead of elections to the apex lawyers' body and aims to maintain institutional integrity.
A three-judge bench headed by Chief Justice of India Surya Kant heard petitioners, including young lawyers, who raised concerns about the BCI's functioning. Allegations included the formation of the BCI Pearl First Trust in 2020, in which Mr. Mishra and other office-bearers serve as permanent managing trustees, and a tie-up with the Goa government to establish a university on 56 acres.
Justice Joymalya Bagchi observed that the court did not want to encourage "shadow-boxing" over the allegations but would intervene to protect the BCI's credibility until the next elections. Mr. Mishra and current office-bearers will continue in a pro-tem capacity for day-to-day functioning.
"You are a pro-tem chairperson. Your term is co-terminus with the elections. The Attorney-General and the Solicitor-General, as permanent ex-officio members of the BCI, would be given prior notice by you and invited to participate in any decision-making process having a policy impact," Justice Bagchi observed.
The development follows Mr. Mishra's recent attempt to ban enrolment of NALSAR's 2026 batch after students objected to having Chief Justice Kant at their convocation. The students had dissented against the CJI's oral remarks about youths. Mr. Mishra later apologised.
Senior advocates for the petitioners welcomed the oversight. Gopal Sankaranarayanan questioned the Pearl First Trust's constitution and the self-assignment of BCI members as trustees "in perpetuation," noting that financial assets of the earlier trust were transferred to the new one. Shobha Gupta questioned Mr. Mishra's uninterrupted continuity as chairperson for over 12 years since November 2014.
The court also directed High Court Chief Justices to complete co-option of two women members to State Bar Councils within a fortnight. State Bar Councils must notify their new composition within a week, and newly constituted councils must elect office-bearers and a BCI representative within three weeks. The case is listed for late September.