A petition has been filed in the Supreme Court challenging the continuation of senior advocate Manan Kumar Mishra as Chairman of the Bar Council of India (BCI), alleging that his tenure has continued for more than a decade in violation of the governing rules. The petition, filed by advocate Yogamaya MG, questioned the legality of Mishra’s uninterrupted tenure and contended that Rule 12(2) of the BCI Rules prescribes a two-year limit for the Chairman’s term. The petitioner has also challenged an April 2025 gazette notification that purportedly extends Mishra’s tenure until 2030, arguing that such an extension is inconsistent with the statutory framework governing the BCI.
The plea filed through advocate Deepak Prakash said that Rule 12(2) of the BCI Rules provides for a two year tenure for the Chairman and Vice-Chairman, or until cessation of membership, whichever is earlier. It said that an administrative notification cannot extend the tenure beyond what the Rules permit. The plea urged the apex court to quash the April 21, 2025 Gazette notification and direct the BCI to withdraw or rescind it. The petitioner further submitted that concerns regarding institutional balance are reflected in the absence of any cumulative limitation on repeated occupation of the office of Chairman. “Although Rule 12(2) prescribes a two-year tenure, no meaningful restriction exists upon repeated re-election. Consequently, the office has remained with the same individual for nearly twelve years. Such prolonged concentration is prima facie inconsistent with the representative scheme embodied in Section 4(1)(c), under which every State Bar Council contributes to the composition of the Bar Council of India.
A national institution representing the entire legal profession should not permit its highest office to remain concentrated indefinitely in one individual or a narrow regional grouping,” the petition stated. Among other reliefs, the plea sought Mishra’s removal from the post and the conduct of fresh elections within a time-bound period under independent supervision. It also sought the introduction of a cumulative cap on the number of years a person can serve as BCI Chairman, coupled with a rotation mechanism for the position. It also sought a cooling-off period and a transparent rotational system so that representatives from different States and regions get an opportunity to head the BCI.
