SC: BCI chair's tenure is for 2 years, can't be made 5 years by own resolution
The Supreme Court of India ruled that the Bar Council of India (BCI) chairperson's tenure is strictly limited to two years by statute and cannot be extended by internal resolution. The court also ordered the completion of state bar council elections and the co-option of women members.
Why it matters
It reinforces statutory limits on regulatory bodies and addresses concerns regarding the governance and financial transparency of India's legal regulatory authority.
NEW DELHI: With two PILs heaping allegations against functioning of advocates regulatory body Bar Council of India and questioning legality of its Apr 2025 resolution giving a five-year term to chairperson Manan Kumar Mishra, Supreme Court Wednesday said no resolution can override the statutorily prescribed two-year term.A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said even if a BCI resolution generously gives a five-year term to the chairperson, his tenure ex-facie cannot exceed beyond 2027 notwithstanding the legality of the resolution.Petitioners question lavish spendNo resolution can alter the statutorily provided two-year tenure for the chairperson,” the bench said.The petitioners questioned the lavish spending of crores on felicitation functions, organising seminars and alleged misuse of Bar Council of India trust funds to open law colleges in states and demanded a high-level inquiry into the council’s affairs.The bench said the elections to state bar councils had…
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