Supreme Court orders Attorney General into BCI decisions until fresh elections
Where it stands
On 2 September 2026 the Supreme Court heard two petitions against Manan Kumar Mishra's long tenure. Mishra is the chairman of the Bar Council of India (BCI). Chief Justice Surya Kant led the three-judge bench. The Court called Mishra a pro tem chairman. Pro tem means for the time being. The Court said it was not approving Mishra's continuation. Mishra may run day-to-day work until a new BCI is elected. The Attorney General and the Solicitor General must join every BCI policy decision until then. Each State Bar Council must elect its office-bearers and its BCI representative within two weeks of notifying its composition. The Court will take up the reconstitution of the BCI after that. The next hearing is on 17 September 2026.
Background
The Bar Council of India (BCI) is a statutory body under the Advocates Act, 1961. The Attorney General and the Solicitor General are ex officio BCI members. Each State Bar Council elects one member to the BCI. BCI Rule 12(2) gives the chairman a two-year term. Manan Kumar Mishra first became BCI chairman in 2012. Mishra has held the post without a break since November 2014. In March 2025 the BCI gave Mishra a seventh term. State Bar Council elections were delayed for years. A BCI member stays in office until a successor is elected. The petitioners say Mishra relied on this rule to stay in office.
How it developed
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March 2025 to August 2026How it started
How Mishra's tenure became a court case
On 2 March 2025 the BCI general council elected Mishra chairman unanimously. The council fixed Mishra's term from 17 April 2025 to 16 April 2030. A gazette notification of 21 April 2025 recorded this five-year term. BCI Rule 12(2) allows only two years. On 8 December 2025 the Supreme Court ordered 30 per cent seats for women in pending State Bar Council polls. The Supreme Court has been supervising the State Bar Council elections. On 13 August 2026 the BCI briefly barred the 2026 batch of NALSAR University of Law from enrolment. The graduates had objected to the Chief Justice as their convocation guest. The BCI withdrew the bar within hours. Mishra later apologised.
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14 to 22 August 2026New fact
Two advocates move the Supreme Court against Mishra's tenure
Bar and Bench reported advocate M Varadhan's petition on 14 August 2026. The petition seeks a two-year term and a cap of three terms for the chairman. The petition says 20 of the 28 States have had no BCI chairman in 30 years. Advocate Yogamaya MG filed a second petition, reported on 22 August 2026. The second petition challenges the gazette notification of 21 April 2025. The second petition seeks Mishra's removal and fresh elections under independent supervision.
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2 September 2026, afternoonNew fact
Supreme Court calls Mishra a pro tem chairman
On 2 September 2026 a three-judge bench heard both petitions. The bench had Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana. A petitioner's counsel said BCI Rule 12(2) allows the chairman only two years. Justice Bagchi said a notification cannot override the rules. Justice Bagchi called Mishra a pro tem chairman until a fresh BCI election. The BCI's counsel agreed that the Attorney General and the Solicitor General will join every policy decision.
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2 September 2026, eveningNew fact
Court sets election deadlines and fixes 17 September for compliance
The Court asked High Court Chief Justices to co-opt two women members per State Bar Council within two weeks. Each council must then notify its composition within one week. Each council must elect its office-bearers and its BCI representative within two weeks of that notification. The Court will take up the reconstitution of the BCI after the councils report compliance. Justice Bagchi said the Court was not placing any stamp of approval on the existing arrangement. The next hearing is on 17 September 2026.
Why it matters for UPSC
The story falls under General Studies Paper 2, statutory bodies and the judiciary. The BCI is a statutory body, not a constitutional body. The Attorney General and the Solicitor General sit on the BCI under Section 4 of the Advocates Act. The two-year term comes from the BCI Rules, not from the Act. Do not read the order as Mishra's removal. The Court did not approve Mishra's continuation either.
Key terms
Sources (10)
- The Tribune · Supreme Court orders 30 per cent seats for women advocates in State Bar Councils2 Sep, 8:41 pm
- ANI · Supreme Court sets timeline for State Bar Council, BCI formation2 Sep, 8:32 pm
- Bar and Bench · NALSAR Convocation row: No inquiry, proceedings closed, says BCI Chairman Manan Kumar Mishra2 Sep, 8:38 pm
- Bar and Bench · Plea in Supreme Court seeks reforms in BCI, flags unending tenure of Chairman Manan Kumar Mishra2 Sep, 8:26 pm
- The Tribune · Plea in Supreme Court seeking removal of Bar Council of India Chairperson Manan Mishra2 Sep, 8:36 pm
- LiveLaw · 'You Don't Continue To Be Democratically Elected, Only A Pro Tem Chairman Of BCI': Supreme Court To Manan Kumar Mishra2 Sep, 8:30 pm
- Business Standard · BCI must consult AG, Solicitor General before taking policy decisions: SC2 Sep, 8:25 pm
- The Tribune · BCI can take policy decisions only in consultation with Attorney General, Solicitor General, orders SC2 Sep, 8:32 pm
- Business Standard · SC asks AG, SG to join BCI policy decisions until body is reconstituted2 Sep, 8:25 pm
- LiveLaw · Supreme Court Issues Directions For Faster Election Of New Bar Council Of India Members; Asks BCI To Involve AG & SG For Policy Decisions2 Sep, 8:30 pm