Supreme Court Issues Directions For Faster Election Of New Bar Council Of India Members; Asks BCI To... - Live Law

**Supreme Court Orders Accelerated Bar Council of India Elections and Greater Oversight**

On March 12, 2024, a five‑judge bench of the Supreme Court of India issued a comprehensive set of directions aimed at expediting the election of a new council for the Bar Council of India (BCI). The Court noted that the prolonged vacancy of an elected governing body had hampered the regulator’s ability to carry out its statutory functions, particularly in the wake of pending policy reforms. Accordingly, the judges directed the BCI to publish a schedule for elections within seven days and to complete the entire polling process—including nomination, scrutiny, voting and result declaration—within a maximum of 90 days from the date of the order. The Court also directed the incumbent pro‑tem chairman, Manan Mishra, to relinquish his position once the elected council assumes office, rejecting the notion that a caretaker can continue indefinitely.

To ensure that the BCI’s policy decisions remain transparent and accountable during the interim, the Court ordered that the Attorney General of India and the Solicitor General be appointed as ex‑officio overseers of any major regulatory or administrative actions taken by the Council until a new council is in place. This unprecedented measure, highlighted by the Court’s observation that “the BCI should not function in a democratic vacuum,” places the highest law‑officers of the Union directly in the supervisory loop for matters such as revisions to the Advocates’ Act, fee structures, and disciplinary procedures. The bench also instructed the Ministry of Law and Justice to furnish periodic reports on the implementation of these directives, with the Supreme Court retaining jurisdiction to monitor compliance.

Legal experts and bar associations have welcomed the Supreme Court’s intervention as a corrective step that reinforces institutional accountability while preserving the autonomy of the legal profession. The Court’s remarks on the extended tenure of Mr. Mishra—who has served as pro‑tem chairman for several years—signal a clear rebuke of any practice that circumvents the democratic mandate prescribed under the Advocates Act. The upcoming elections are now expected to restore a fully elected BCI, thereby enabling the body to resume its constitutional role of regulating the legal profession and safeguarding the rights of advocates across India.