A significant petition has been filed in the Supreme Court of India calling for critical reforms in the governance of the Bar Council of India (BCI). This plea particularly emphasizes the need for restructuring the terms of office for members, with a focus on the tenure of the chairman.
The petition, spearheaded by Advocate M. Varadhan with legal representation from Advocates Sandeep Pandey and Rajesh Singh Chauhan, underscores the necessity for setting reasonable limits on the duration and number of terms for the chairman and other principal office-bearers. It advocates for a rational rotational framework designed to ensure representation from various states and regions, alongside enhanced institutional, financial, and regulatory accountability.
Central to the petition is the challenge to the proviso in Section 4(3) of the Advocates Act, which allows a BCI member to remain in position until a successor is elected. The petition seeks a directive for establishing a fixed tenure of two years for the roles of chairman and vice-chairman. Furthermore, it requests the Court to mandate that no individual can hold the office of chairman or vice-chairman more than three times in their lifetime, irrespective of whether these terms are consecutive or not.
The plea further stresses that individuals should not bypass these limitations by assuming similar authority through alternative designations, interim arrangements, nominations, committees, re-elections, or any other means.
This petition follows a recent controversy involving BCI Chairman Manan Kumar Mishra, who had temporarily barred the enrollment of NALSAR Hyderabad’s 2026 batch students. This decision stemmed from their protest campaign against Chief Justice of India (CJI) Surya Kant, although the order was eventually withdrawn. The petition uses this incident to highlight concerns about the concentration of regulatory power and the need for checks and balances within the institution.
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According to the petition, Mr. Mishra has been in office since November 2014, and during this period, representatives from 20 out of India’s 28 states have not held the chairmanship in over 30 years. This is despite the BCI’s role as a national regulatory body. Hence, the plea advocates for a transparent, equitable, and rotational mechanism for the chairmanship, ensuring that qualified representatives from different states and regions can periodically assume the role.
The petition argues that merely holding elections does not equate to a meaningful democracy if the same individuals continue to monopolize key positions. It is crucial to provide opportunities for new leadership, fresh perspectives, and diverse regional views to influence the governance of the BCI.
