'You’re Only Pro Tem, Not Democratically Elected': Supreme Court To BCI Chairman Manan Kumar Mishra

New Delhi: The Supreme Court on Wednesday reminded Bar Council of India (BCI) Chairman Manan Kumar Mishra that he is only a pro tem Chairman and not a democratically elected office-bearer, making it clear that his role is limited to overseeing the Council’s day-to-day functioning.

A bench headed by Chief Justice of India Surya Kant and comprising Justice Joymalya Bagchi and Justice V Mohana made the observations while hearing pleas challenging Mishra’s prolonged continuation as BCI Chairman, allegedly beyond the tenure prescribed under the BCI Rules.

The court said that while Mishra may continue to manage the BCI’s routine affairs until a new Council is constituted, his position cannot be equated with that of a democratically elected Chairman.

The bench also suggested that the Attorney General for India and the Solicitor General of India, who are permanent ex-officio members of the BCI under the statutory scheme, should be involved when matters involving significant policy decisions are taken up by the Council, Live Law reported.

The court’s observations effectively underline the distinction between Mishra’s interim role and the authority vested in a democratically elected BCI Chairman.

The petitions challenging Mishra’s tenure were filed following the National Academy of Legal Studies and Research (NALSAR) controversy, in which the BCI Chairman directed that graduates of the university not be enrolled after students objected to Chief Justice of India Surya Kant being invited as a guest at the convocation.

BCI later retracted its earlier decision and clarified that all 2026 NALSAR graduates could enrol as advocates. Mishra also apologised to law students, saying he sincerely regretted and apologised if any of his words or letters connected with the controversy had hurt their feelings.