NEW DELHI: Bar Council of India (BCI) chairman and Rajya Sabha member Manan Kumar Mishra rejected calls for for his resignation, saying he holds the place by way of an election and represents round 25 lakh legal professionals throughout the nation.Mishra made the remarks a day after a bunch of legal professionals from totally different Bar Associations in Delhi staged a protest exterior the BCI workplace in New Delhi.The protesters raised a number of issues, together with Mishra’s lengthy tenure, the shortage of welfare measures for advocates and the proposed enhance within the enrolment charge for legal professionals.“I’ve served because the chairman of the Bar Council of India for 12 to 14 years as a result of I used to be elected. Manan Mishra represents 25 lakh legal professionals; he won’t step down merely,” Mishra mentioned, responding to the protest.He additional mentioned: “I’m an elected consultant. I used to be neither chosen nor nominated to the Bar Council of India. It’s a statutory physique established beneath the Advocates Act.”The legal professionals demanding his resignation additionally sought the implementation of an Advocate Safety Act and questioned the proposed enhance in registration charges at State Bar Councils.
Supreme Courtroom petition challenges Mishra’s tenure
Amid the controversy, a petition has additionally been filed within the Supreme Courtroom difficult Mishra’s continuation as BCI chairman. Filed by advocate Yogamaya MG by way of advocate Deepak Prakash, the plea alleges that his uninterrupted tenure for greater than a decade is opposite to the principles governing the BCI.The petitioner has relied on Rule 12(2) of the BCI Guidelines, which offers for a two-year tenure for the chairman and vice-chairman, or till they stop to be members, whichever is earlier.The plea has additionally challenged an April 21, 2025 Gazette notification that allegedly prolonged Mishra’s tenure till 2030. It has requested the Supreme Courtroom to quash the notification and direct the BCI to withdraw or rescind it.In keeping with the petition, Mishra first grew to become BCI chairman in 2012. Though he briefly left the publish in 2014, he returned as chairman in November that 12 months and has remained within the place since then. The petitioner has claimed that his re-election in March 2025 was his seventh consecutive time period.The plea has argued that the absence of a cumulative restrict on repeated re-election permits the workplace to stay concentrated in a single particular person for an prolonged interval.“Though Rule 12(2) prescribes a two-year tenure, no significant restriction exists upon repeated re-election. Consequently, the workplace has remained with the identical particular person for practically twelve years. Such extended focus is prima facie inconsistent with the consultant scheme embodied in Part 4(1)(c), beneath which each and every State Bar Council contributes to the composition of the Bar Council of India. A nationwide establishment representing the whole authorized occupation shouldn’t allow its highest workplace to stay concentrated indefinitely in a single particular person or a slim regional grouping,” the petition acknowledged.The petitioner has sought Mishra’s elimination and recent elections inside a time-bound interval beneath impartial supervision. It has additionally requested for a cumulative cap on the variety of years an individual can function BCI chairman, together with a rotation system and cooling-off interval to permit representatives from totally different states and areas to move the council.The plea has additional sought an impartial committee headed by a former Supreme Courtroom choose or former chief justice of a excessive court docket. The proposed committee can be assisted by an auditor nominated by the Comptroller and Auditor Basic (CAG), together with monetary and technical consultants.The petition has additionally sought an impartial inquiry into the functioning and funds of the BCI Belief, “PEARL-FIRST”, and the monetary affairs of the All India Bar Examination.It has referred to as for a time-bound audit of statutory funds, All India Bar Examination receipts, institutional receipts, belief funds, vendor contracts and associated get together transactions.As an interim measure, the petitioner has proposed an impartial administrative committee to supervise the BCI if the Supreme Courtroom orders Mishra’s elimination.The plea has additionally referred to Mishra’s political position. It famous that he grew to become a Rajya Sabha member after being nominated by the BJP in 2024.The petitioner has clarified that it isn’t claiming that Mishra’s political affiliation alone makes him ineligible to stay BCI chairman. As an alternative, it has raised issues in regards to the mixture of political workplace and management of the statutory physique chargeable for regulating the authorized occupation.“Petitioner doesn’t search the elimination of any particular person merely due to political affiliation or private disagreement with any workplace bearer. Nor does the petitioner invite this Courtroom to substitute its personal opinion for that of the statutory authority. The problem is directed in opposition to structural illegality, alleged focus of institutional management, extended focus of statutory energy, violation of necessary statutory provisions governing tenure and elections, arbitrary train of regulatory authority, absence of transparency and accountability, and failure to protect the consultant democratic character contemplated beneath the Advocates Act, 1961,” added the PIL.
Mishra defends motion over NALSAR scholar controversy
Mishra additionally addressed the current controversy involving college students of NALSAR College of Regulation in Hyderabad and the Chief Justice of India (CJI), who can also be the college’s chancellor.“These days, there was quite a lot of irresponsible and absurd commentary circulating on social media. College students from NALSAR College, Hyderabad, determined to boycott the Chief Justice of India – who can also be their Chancellor – and refused to attend the convocation ceremony the place he was to preside,” Mishra mentioned.“Because the Chairman of the Bar Council of India, I discovered this deeply objectionable,” he added.In keeping with Mishra, the BCI initially issued an order stating that the enrolment of the scholars concerned wouldn’t be processed. He mentioned the choice was withdrawn inside quarter-hour after their grievances have been addressed.“Inside quarter-hour, that order was revoked, and the scholars’ grievances have been addressed,” he mentioned.Mishra alleged that the episode was later utilized by members of the Aam Aadmi Social gathering and a bunch he described because the “CJP group” to demand his resignation.“I’ve served because the Chairman of the Bar Council of India for 12 to 14 years as a result of I used to be elected,” he reiterated.He additionally mentioned round 15 college students had gathered exterior the BCI workplace on Thursday evening to demand that he step down.“Yesterday, about 15 college students got here right here at evening demanding a resignation,” Mishra mentioned.In the meantime, one other group of legal professionals gathered in assist of Mishra and defended his place as an elected consultant of the authorized occupation.Advocate Satyam Singh mentioned protests alone couldn’t take away the BCI chairman as a result of he had been elected by members of the authorized neighborhood.“The BCI Chairman is an elected official who has been constantly voted into workplace. He hasn’t been appointed by way of a range course of or an examination the place you possibly can merely present up and demand his resignation,” Singh mentioned.“He represents 2.5 million legal professionals throughout the nation, representing them efficiently for years on finish,” he added.On the NALSAR controversy, Singh mentioned the difficulty must be considered within the context of respect for authorized establishments.“The CJI is the top of the Structure–in a way, its guardian–while NALSAR college students are future legal professionals and judges who will grow to be a part of this occupation, whether or not on the Bar or the Bench. If they don’t respect or belief that establishment, the place does that depart us?” he mentioned.Singh additionally defended Mishra’s determination to difficulty the preliminary order, whereas acknowledging that it was subsequently withdrawn.“He withdrew it and admitted it was issued in haste. Nevertheless, it was essential to ship a message that one should belief and respect the establishment; that was the intent behind the transfer,” Singh mentioned.
Attorneys increase welfare and charge issues
The protest, nonetheless, was not restricted to the demand for Mishra’s resignation. Attorneys additionally raised broader issues about welfare measures and dealing situations throughout the occupation.
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Advocate Raman Sharma alleged that there had been no vital nationwide welfare scheme for legal professionals regardless of Mishra’s lengthy tenure as BCI chairman.Advocate Umesh Kumar raised the difficulty of a nationwide insurance coverage scheme for legal professionals and objected to the proposed enhance in enrolment charges to Rs 22,500.Different protesters, together with advocate Perdeep Nagar, referred to as for higher scrutiny of legal professionals’ credentials and urged the BCI to offer higher consideration to the welfare of members of the authorized occupation.
