At a time when BCI Chairman Manan Kumar Mishra is going through elevated public scrutiny following the NALSAR fiasco, a writ petition has been filed within the Supreme Court docket questioning his continuation as the top of the Bar Council of India.
The writ petition, filed by Advocate Yogamaya MG., challenges Mishra’s tenure, and his extended continuance within the publish.
The petition factors out that Mishra first grew to become BCI Chairman in 2012. After a short break in 2014, he returned to the publish in November 2014 and has remained Chairman since then. He was once more elected unopposed in March 2025. The petitioner describes this as his seventh consecutive time period.
The primary problem is to the five-year tenure notified by the BCI in April 2025. The Gazette notification data Mishra’s tenure from April 17, 2025 to April 16, 2030.
The petitioner argues that Rule 12(2) of the BCI Guidelines supplies for a two-year tenure for the Chairman and Vice-Chairman, or till cessation of membership, whichever is earlier. The plea says an administrative notification can not lengthen the tenure past what the Guidelines allow.
The petitioner additionally challenges the argument that the continuation of BCI members till their successors are elected can permit the Chairman to proceed indefinitely. It argues that the proviso to Part 4(3) of the Advocates Act is just a transitional provision. It doesn’t lengthen the separate tenure of the Chairman.
Recent election sought
The plea asks the Supreme Court docket to quash the April 21, 2025 Gazette notification and direct the BCI to withdraw or rescind it.
It additionally seeks an order that Mishra and the Vice-Chairman stop to carry workplace and that contemporary elections be carried out inside a time-bound interval underneath unbiased supervision.
The petitioner has additionally sought guidelines placing a restrict on the variety of phrases an individual can function BCI Chairman or Vice-Chairman. It needs a cooling-off interval and a clear rotational system in order that representatives from totally different States and areas get a chance to move the BCI.
The plea additional seeks safeguards to make sure that time period limits can’t be bypassed via performing, advert hoc, officiating or interim appointments.
Political neutrality questioned
The petition additionally raises questions in regards to the political actions of Mishra whereas he has remained Chairman of the BCI.
It refers to his changing into a Rajya Sabha member after being nominated by the BJP in 2024. The petitioner doesn’t declare that political affiliation by itself disqualifies him. As an alternative, it argues that concurrently holding political workplace and heading the nation’s statutory regulator for attorneys raises questions on institutional neutrality and perceived independence.
The plea additionally refers to public communications issued from the BCI platform on political and public points. One such communication, dated July 23, 2026, involved scholar protests, during which he denounced the actions as foreign-sponsored and led by anti-nationals. The petitioner questions whether or not such statements had been authorised by the BCI’s Basic Council and whether or not they fall inside the statutory capabilities of the Council.
Unbiased committee to look at BCI Belief
A serious a part of the petition issues the BCI Belief PEARL-FIRST [Bar Council of India Trust for Promotion of Education (Legal and Professional) and Reforms in Law and For Improvement of Research and Social Training]
The petitioner urges the Supreme Court docket to represent an unbiased committee headed by a former Supreme Court docket decide or former Chief Justice of a Excessive Court docket. The committee can be assisted by an auditor nominated by the CAG and by monetary and technical consultants.
The committee is sought to look at the legality and functioning of PEARL-FIRST, together with Article 3(iii) of its September 18, 2020 Belief Deed.
The petition says the availability makes 11 Managing Trustees everlasting, regardless of whether or not they proceed as members of the BCI. It argues that this raises questions on democratic accountability and institutional management.
The committee would additionally look at the connection between the BCI, the 1974 Belief, PEARL-FIRST and IIULER, Goa.
Audit of funds and Belief accounts
The plea particularly seeks a time-bound audit of BCI statutory funds; All India Bar Examination receipts; institutional receipts; Belief funds; vendor contracts; and related-party transactions.
The petitioner says the AIBE includes obligatory charges paid by 1000’s of legislation graduates and that questions stay in regards to the financial institution accounts receiving the charges, who controls them, expenditure approvals and audited monetary statements.
The petition additionally seeks an examination of the monetary and administrative relationship between the BCI and PEARL-FIRST.
IIULER and appointments underneath scrutiny
The petitioner additionally raises questions over the legislation school run by the BCI in Goa – India Worldwide College of Authorized Schooling and Analysis (IIULER)
She seeks that the unbiased committee should look at appointments, recruitment, promotions and administrative actions from April 2012 onwards, wherever there may be prima facie materials requiring examination.
The petition particularly refers to allegations regarding appointments in IIULER, Goa, the Belief and associated establishments. It seeks data comparable to ads, functions, choice committee proceedings, evaluation sheets, appointment orders, service data, relationship disclosures and monetary approvals.
The petitioner has burdened that these allegations shouldn’t be handled as established findings. It seeks an unbiased examination of the data.
The plea additionally asks the Supreme Court docket to order the fast preservation and manufacturing of authentic data of the BCI, the 1974 Belief, PEARL-FIRST and IIULER, Goa.
These embrace Belief deeds, resolutions, agendas, notices, attendance registers, minutes, digital data and metadata, accounts, financial institution statements, contracts, tender paperwork, recruitment data and communications.
It additionally seeks an order stopping the destruction, alteration or elimination of those data whereas the case is pending.
Larger transparency in BCI functioning
The petition lastly seeks instructions for extra clear functioning of the BCI.
It asks that each member obtain correct discover and the agenda earlier than conferences. It seeks recorded resolutions and publication of confirmed minutes inside a hard and fast interval.
It additionally seeks annual independently audited accounts and publication of fabric contracts of the BCI and establishments or trusts managed, promoted or considerably financed by it.
The petitioner needs the BCI to reveal the resolutions and recorded causes behind selections that materially have an effect on advocates, college students and academic establishments.
Final week, another petition was filed looking for a cap on the time period of BCI Chairperson and Vice Chairperson.
The petition is filed via Advocate Deepak Prakash.
