'You're no longer democratically elected': SC tells BCI chairman
What's the story
The Supreme Court has reminded Bar Council of India (BCI) Chairman Manan Kumar Mishra that he is only a pro tem chairman and not a democratically elected office-bearer. And as such, the court said Mishra can only manage the day-to-day affairs of the BCI. The observation was made while hearing pleas challenging Mishra's prolonged tenure as BCI Chairman beyond the prescribed term under BCI Rules.
Legal proceedings
Don't equate your position with democratically elected chairman: SC
A bench headed by Chief Justice of India Surya Kant observed that while Mishra can continue for day-to-day functioning till a new council is formed, his position shouldn't be equated with that of a democratically elected Chairman.
"You should also bear in mind that you are like a pro tem Chairman till a fresh election...takes place," Justice Joymalya Bagchi told Senior Advocate Guru Krishnakumar, who represented the BCI.
Policy involvement
AG, SG can participate in significant policy meetings: SC
The bench further suggested that the Attorney General for India and Solicitor General could participate in Council meetings when significant policy implications are considered.
"They need not be involved in the Council's day-to-day functioning. However, whenever a decision having significant policy implications is considered, the Attorney General and Solicitor General can be invited to participate," Justice Bagchi observed.
Institutional integrity
Court clarifies on not promoting 'shadow-boxing'
Justice Bagchi clarified that while the court wasn't promoting "shadow-boxing," there was a need to ensure institutional integrity.
Justice Bagchi said, "So till an elected Bar Council of India comes into being, a pro tem continuance of proviso to Section 4(3), would be good for day-to-day functioning, but when it comes to policy decisions, it must be in the presence of the Attorney General."
Court directives
Court directs speedy notification of new State Bar Councils
The court directed the speedy notification of new State Bar Councils so they can elect their representatives to the BCI in a time-bound manner.
The petitions challenging Mishra's tenure were filed in the wake of the NALSAR controversy, where he had issued directions against enrolling NALSAR graduates who objected to Chief Justice of India Surya Kant being invited as a guest at their convocation.
He later rolled back the directions and apologized after facing backlash.