SC orders oversight on Bar Council’s policy decisions
Why in News?
The Supreme Court has clarified that senior advocate Manan Kumar Mishra can function only as the pro tem Chairperson of the Bar Council of India (BCI) until a newly constituted Council elects its office-bearers.
Until then, the BCI must actively involve the Attorney-General for India and the Solicitor-General of India in every major policy decision. Its routine administration may continue under the interim leadership.
| UPSC Relevance: GS-2 Polity and Governance: Statutory bodies Prelims: Bar Council of India (Key Facts) |
About the Bar Council of India:
- The BCI is a statutory body established under the Advocates Act, 1961.
- It comprises the Attorney-General and Solicitor-General as ex officio members, along with one member elected by each State Bar Council.
- Its principal functions include:
- prescribing standards of professional conduct for advocates
- regulating legal education and recognising law degrees
- laying down disciplinary procedures
- conducting the All India Bar Examination
- promoting legal aid and advocates’ welfare.
The independence and credibility of the BCI are important because an autonomous Bar is integral to judicial independence and the rule of law.
What Triggered the Proceedings?
- Petitioners challenged the prolonged continuation of the existing leadership and a 2025 notification prescribing a five-year term for the Chairperson and Vice-Chairperson. They argued that the BCI Rules provide a two-year tenure for these offices.
- The Court observed that a transitional provision permitting an office-bearer to continue until a successor is elected cannot become a means of indefinitely postponing democratic renewal.
The petitioners also raised allegations concerning:
- concentration of power within the BCI
- large and inadequately disclosed expenditures
- transfer of BCI assets to the BCI-PEARL FIRST Trust
- elected office-bearers becoming permanent trustees even after completing their terms.
These allegations are yet to be finally adjudicated.
Supreme Court’s Directions:
- The existing Chairperson may handle only day-to-day affairs as a pro tem functionary.
- The Attorney-General and Solicitor-General must be associated with all policy decisions.
- State Bar Councils must complete their reconstitution and elect representatives to the BCI within a prescribed timeframe.
- High Court Chief Justices were asked to expedite the co-option of women members to State Bar Councils, facilitating early formation of a newly elected BCI.
The BCI should conduct timely elections, prescribe clear term limits, publish resolutions and audited accounts, disclose interests in affiliated entities and strengthen regional and gender representation.
However, judicial or executive oversight must remain temporary and narrowly tailored, so that accountability does not undermine the autonomy of the legal profession.