SC orders oversight of Bar Council’s policy decisions

SC orders oversight of Bar Council’s policy decisions

The Supreme Court on Wednesday made it clear that senior advocate Manan Kumar Mishra is serving only as the “pro tem” chairperson of the Bar Council of India (BCI) until fresh elections are held and directed the apex lawyers’ body to consult the Attorney-General and the Solicitor-General before taking any major policy decisions in the interim.

The hearing before a three-judge Bench headed by Chief Justice of India Surya Kant saw petitioners, including young lawyers, raise allegations, including the formation of the BCI Pearl First Trust in 2020 in which Mr. Mishra, also a BJP Rajya Sabha member, and other BCI office-bearers are “permanent managing trustees”; a ‘tie-up’ between the Trust and the Goa government to set up a university on 56 acres of land in the State; “jolting” expenditures on felicitations “running into crores”; and an extension of the tenure of BCI chairperson/vice-chairperson to five years.

Justice Joymalya Bagchi, part of the Bench, said the top court did not want to encourage “shadow-boxing” around these allegations, but would certainly intervene to “maintain the institutional integrity and credibility” of the BCI till the next bar body elections.

Meanwhile, Mr. Mishra and the current office-bearers would continue pro tem to ensure the BCI’s day-to-day functioning.

“You are a pro tem chairperson. Your term is co-terminus with the elections. The Attorney-General and the Solicitor-General, as permanent ex-officio members of the BCI, would be given prior notice by you and invited to participate in any decision-making process having a policy impact… After all, the Attorney-General is as much a member of the BCI as the chairperson is,” Justice Bagchi observed.