Manan Kumar Mishra, Chairman of the Bar Council of India (BCI), has affirmed his decision not to step down from his position, despite a plea filed in the Supreme Court of India seeking his removal. The development follows a petition by a group of lawyers challenging his continued tenure and alleging inappropriate conduct, bringing the leadership of the apex regulatory body for the legal profession under judicial scrutiny.

The plea, submitted to the Supreme Court, seeks Mr. Mishra's removal as BCI Chairman. Petitioners argue that Mr. Mishra, along with other members of the BCI, has exceeded their stipulated term. They also cite allegations of "contemptuous comments" made against judges. This legal challenge has drawn attention to the internal governance and electoral processes within the Bar Council of India, which is responsible for regulating legal education and professional standards for advocates across the country.

Mr. Mishra has strongly refuted the allegations contained within the petition. He described the plea as "bogus" and "contemptuous," asserting that it represents an attempt to undermine the integrity and image of the BCI. In his defense, Mr. Mishra referenced a 2017 Supreme Court order, which, according to him, stipulates a five-year term for the BCI, with subsequent elections required to be held within six months of that term's conclusion. He maintains that his current election and subsequent tenure have been approved by the apex court itself, validating his continued leadership until 2025.

Key points of contention in the dispute include:

  • Tenure Expiration: Petitioners contend that the term for the BCI and its Chairman expired in 2023. They have reportedly drawn parallels with observations made by Justice Sanjiv Khanna regarding lawyers continuing in various BCI-related bodies beyond their designated terms.
  • Chairman's Defense: Mr. Mishra asserts that his term is valid until 2025, in line with the Supreme Court's 2017 directive, which he states extended the council's term to five years, allowing for a six-month period to conduct new elections. He views the plea as an unfounded challenge to the council's legitimate functioning.
  • Allegations of Misconduct: The plea also includes allegations of "contemptuous comments against judges," which Mr. Mishra has vehemently denied, calling the claims unsubstantiated.

The Bar Council of India plays a critical role in the Indian legal system, overseeing the enrollment of advocates, prescribing standards of professional conduct, promoting legal education, and providing legal aid. A leadership dispute at this level can have implications for the stability and effective functioning of the legal fraternity.

The Supreme Court has not yet scheduled a date for the hearing of this plea. The outcome of these proceedings will be closely watched by legal professionals and stakeholders, as it will determine the future leadership of the Bar Council of India and could set precedents for the interpretation of tenure regulations within legal regulatory bodies.