Supreme Court ties Bar Council of India's policy decisions to the AG and SG
Who regulates the regulator of India's lawyers when its own chairman's tenure is under challenge?
Published 3 September 2026. Written by Pratidin from the reports linked at the end; every fact checked by a separate review before publishing. How we work
On 2 September 2026, a Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana laid down how the Bar Council of India (BCI), the statutory regulator of advocates, must run until it is reconstituted. The Bench recorded that the Attorney General for India and the Solicitor General of India, both ex officio (by virtue of office) members of the BCI under Section 4 of the Advocates Act, 1961, "shall be actively associated with every policy decision taken by the Bar Council of India". Manan Kumar Mishra, a Rajya Sabha member who has headed the BCI since November 2014, continues only as pro tem (temporary) Chairman. Justice Bagchi clarified that day-to-day functioning may continue under him, but significant policy matters need the two law officers.
The order came on writ petitions filed by advocates M. Varadhan and Yogamaya M.G., which challenge Mishra's continuation in office. Rule 12(2) of the Bar Council of India Rules gives the Chairman a two-year term, but a 2025 notification prescribed a five-year tenure that would run to 2030. The petitioners argue that an administrative notification cannot override the rules. They have also questioned decisions of the present leadership, such as the creation in 2020 of a trust called PEARL-FIRST with office-bearers as permanent trustees. The Court has not yet examined these allegations, and they remain unproven.
The Bench also fixed a timetable to reconstitute the Bar. Chief Justices of the High Courts must complete the co-option of two women members to State Bar Councils within two weeks; the State Bar Councils must notify their composition within one week after that; and the newly constituted councils must elect office-bearers and their representative to the BCI within three weeks. The co-option follows the Court's order of 8 December 2025 that 30% of State Bar Council seats be held by women, with 20% filled by election and 10% by co-option in this round. The case returns on 17 September 2026. It raises a wider question: how a self-regulating profession stays accountable when its own regulator's leadership is disputed.
Prelims facts
- The Bar Council of India is constituted under Section 4 of the Advocates Act, 1961; the Attorney General and Solicitor General are its ex officio members, and each State Bar Council elects one member.
- On 2 September 2026, a Bench led by CJI Surya Kant said the AG and SG must be actively associated with every BCI policy decision until the council is reconstituted.
- BCI Chairman Manan Kumar Mishra continues only pro tem; petitions challenge a five-year tenure against the two-year term in Rule 12(2) of the BCI Rules.
- The Supreme Court's order of 8 December 2025 requires 30% of State Bar Council seats to be held by women (20% elected, 10% co-opted in this round).
- The next hearing is on 17 September 2026.
Quick recall
- Under which law is the Bar Council of India constituted?
- Section 4 of the Advocates Act, 1961.
- Which two law officers are ex officio members of the Bar Council of India?
- The Attorney General of India and the Solicitor General of India.
- How are the other members of the BCI chosen?
- Each State Bar Council elects one member from among its own members.
- Who elects the BCI Chairman and Vice-Chairman?
- The Bar Council of India itself.
- What term does Rule 12(2) of the Bar Council of India Rules give the Chairman?
- Two years.
- What did the Supreme Court say on 2 September 2026 about BCI policy decisions?
- The AG and SG shall be actively associated with every policy decision; the Chairman continues only pro tem.
- What share of State Bar Council seats must women hold under the Supreme Court's order of 8 December 2025?
- 30%: 20% by election and 10% by co-option in this round.
- Which Article of the Constitution creates the office of Attorney General?
- Article 76.
Prelims practice question
With reference to the Bar Council of India, consider the following statements:
1. It is a statutory body constituted under the Advocates Act, 1961.
2. The Attorney General of India and the Solicitor General of India are its ex officio members.
3. Its Chairman is appointed by the Chief Justice of India.
Which of the statements given above is/are correct?
- 1 only
- 1 and 2 only
- 2 and 3 only
- 1, 2 and 3
Show answer
Answer: (b) 1 and 2 only. Statements 1 and 2 follow from Section 4 of the Advocates Act, 1961. Statement 3 is wrong: the Chairman and Vice-Chairman are elected by the Council itself.
Use this in UPSC Mains: previous-year questions
Recurring theme: Statutory and regulatory bodies: independence, accountability and self-regulation
- How to use this
Use the BCI case to show the tension between a self-regulator's autonomy and its accountability, and how courts impose interim checks.
- On 2 September 2026, a Bench led by CJI Surya Kant directed that the Attorney General and Solicitor General be 'actively associated with every policy decision' of the BCI until it is reconstituted.
- Petitions challenge a 2025 notification giving the Chairman a five-year tenure against the two-year term in Rule 12(2) of the BCI Rules; allegations about the PEARL-FIRST trust remain unproven.
- The Court set a timetable to reconstitute State Bar Councils and enforce its 8 December 2025 order reserving 30% of seats for women.
"Constitutionally guaranteed judicial independence is a prerequisite of democracy". Comment.
An independent Bar is part of judicial independence; the case shows how the Court protects the Bar's self-governance while insisting on rule-bound functioning.
Mains practice question
The Bar Council of India is both a statutory regulator and a body elected by the lawyers it regulates. In the light of the Supreme Court's recent directions on its functioning, examine the challenges of self-regulation in the legal profession. (150 words)
Model answer
The Bar Council of India (BCI), constituted under the Advocates Act, 1961, regulates lawyers through elected lawyers. The Supreme Court's directions of 2 September 2026 expose the strains in this model.
Why self-regulation
- An advocate must be free to argue against the State, so the licence to practise should not depend on the executive.
- Peers set conduct standards and legal education norms (Section 7).
Challenges
- Tenure: a notification prescribing a five-year tenure is challenged as contrary to the two-year term in Rule 12(2).
- Accountability: petitions question decisions such as the PEARL-FIRST trust; these allegations are unproven.
- Representation: the Court had to order 30% women in State Bar Councils in December 2025.
- Interim supervision: the Attorney General and Solicitor General must now join every policy decision.
Way forward
- Fixed terms and time-bound elections.
- Audited, published accounts.
- Clear separation of trusts from the statutory body.
Autonomy is best protected by transparent, rule-bound governance.
The basics
Why this matters
India's lawyers are regulated by lawyers. The Bar Council of India (BCI) sets standards of conduct for advocates and recognises law degrees. When the Supreme Court steps in to supervise how the BCI takes decisions, three syllabus themes meet: statutory bodies, the independence of the legal profession, and the role of law officers such as the Attorney General of India.
The law that creates the Bar
The Advocates Act, 1961 built a two-tier structure. Each State has a State Bar Council, and above them all sits the BCI. Every Bar Council is a body corporate, so it can own property and sign contracts in its own name.
- 1Attorney General of IndiaMember by virtue of office (ex officio)
- 2Solicitor General of IndiaMember by virtue of office (ex officio)
- 3One member from each State Bar CouncilElected by that State Bar Council from among its own members
- 4Chairman and Vice-ChairmanElected by the Council itself
Two tiers, two jobs
State Bar Councils enrol advocates and hear complaints against them. The BCI writes the rules everyone follows and supervises the State councils.
- Admits advocates to its roll
- Hears complaints of misconduct against advocates
- Has 15, 20 or 25 elected members, depending on the size of its electorate
- Lays down standards of professional conduct
- Promotes legal education and recognises law degrees
- Exercises supervision over the State Bar Councils
Why the Court stepped in
Petitions challenge the continuation of the BCI Chairman beyond the two-year term in Rule 12(2) of the Bar Council of India Rules. Until the council is reconstituted, the Court treats him as a pro tem (temporary) Chairman who may run day-to-day work, while every policy decision must involve the two law officers who already sit on the council. This interim check answers the question at the heart of Self-regulation of professions: who watches the regulator?
- 1Within 2 weeksHigh Court Chief Justices complete co-option of two women members to State Bar Councils
- 21 week after thatState Bar Councils notify their final composition
- 3Within 3 weeksNewly constituted State Bar Councils elect office-bearers and their representative to the BCI
- 417 September 2026The Court takes up the matter again
Women in Bar governance
The co-option step in the timetable completes this share before the new councils choose leaders.
The takeaway
When a regulator's own rules on terms and elections are in dispute, a court may add temporary checks, but the lasting fix is regular elections, fixed terms and transparent accounts.
Go deeper
In one line: The Supreme Court has placed the Bar Council of India under interim supervision: its Chairman continues only pro tem, and the Attorney General and Solicitor General must be part of every policy decision until the council is reconstituted.
Why it matters for UPSC
The BCI is a textbook statutory body (GS2: statutory, regulatory and quasi-judicial bodies). The case also tests the role of the Attorney General, the structure of the legal profession and the limits of self-regulation.
The core idea
The Advocates Act, 1961 makes lawyers regulate lawyers. Advocates elect State Bar Councils, and each State Bar Council sends one member to the BCI. Two law officers sit on the BCI by virtue of their office, one of them the Attorney General of India. With the leadership's tenure under challenge, the Court has used those ex officio members as a check. This is the old problem of who watches the regulator, discussed in Self-regulation of professions.
Numbers and dates to remember
- 1961: Advocates Act; the BCI is constituted under Section 4.
- Rule 12(2), Bar Council of India Rules: two-year term for the Chairman.
- Since November 2014: Manan Kumar Mishra has headed the BCI.
- 8 December 2025: Supreme Court orders that 30% of State Bar Council seats be held by women.
- 2 September 2026: AG and SG to be associated with every BCI policy decision.
- 17 September 2026: next hearing.
Where to go next
- Advocates Act, 1961: the statute that builds the two-tier Bar.
- Attorney General of India: the constitutional law officer who also sits on the BCI.
- State Bar Councils: where lawyers are enrolled and disciplined.
- Self-regulation of professions: the case for and against letting a profession police itself.
Go deeper: can a profession police itself?
The case for self-regulation. An independent Bar is part of a fair justice system. Lawyers must be able to take on the State in court without fearing that the government controls their licence. That is why the Advocates Act, 1961 leaves enrolment and discipline to elected State Bar Councils rather than to a ministry.
The case against unchecked self-regulation. Elected councils can drift towards the interests of those who elect them. The petitions before the Court show the risk: a two-year term in Rule 12(2) of the BCI Rules, a later notification prescribing a five-year tenure, and questions over a trust called PEARL-FIRST, set up in 2020 with office-bearers as permanent trustees. The Court has not ruled on these allegations.
What the Court did. It did not appoint an administrator. It kept the elected structure and relied on members that the statute already places on the BCI: the Attorney General of India and the Solicitor General. It also fixed a short timetable so that the elected body regains full authority quickly. This is lighter than the route Parliament took for doctors, where the National Medical Commission Act, 2019 replaced the elected Medical Council of India with a commission whose members are largely nominated.
Representation. The Court's order of 8 December 2025 requiring 30% women in State Bar Councils shows that courts are now shaping the composition of these bodies, not just their conduct.
The balance to strike. See Self-regulation of professions: the goal is a regulator that is independent of the executive and still answerable to rules, audits and regular elections.
Advocates Act, 1961
The statute that builds the two-tier Bar and defines the BCI.
In one line: The Advocates Act, 1961 created a single, all-India Bar with State Bar Councils below and the Bar Council of India above.
What it does
The Act brings all advocates under one law. State Bar Councils are set up under Section 3 and the Bar Council of India under Section 4. Every Bar Council is a body corporate with perpetual succession and a common seal (Section 5). Section 7 lists the BCI's functions: laying down standards of professional conduct and etiquette, promoting legal education and recognising degrees in law, and exercising supervision over State Bar Councils.
Composition of the BCI
Under Section 4, the BCI has the Attorney General of India and the Solicitor General of India as ex officio members, plus one member elected by each State Bar Council from among its own members. The Chairman and Vice-Chairman are elected by the Council.
Why it is in the news
The Supreme Court has used the two ex officio members as a check on BCI policy decisions while the Chairman's extended tenure is under challenge.
Where to go next
Attorney General of India
The constitutional law officer who also sits on the BCI.
In one line: The Attorney General is the Union government's highest law officer, a post created by Article 76 of the Constitution.
The constitutional office
The President appoints as Attorney General a person qualified to be a judge of the Supreme Court. The Attorney General holds office during the pleasure of the President and receives the remuneration the President decides. The duty is to advise the Government of India on legal matters and to perform other legal duties assigned by the President. In doing so, the Attorney General has a right of audience in all courts in India (Article 76(3)) and, under Article 88, may speak in either House of Parliament and its committees but cannot vote.
The Solicitor General
The Solicitor General assists the Attorney General. Unlike the Attorney General, the post is not created by the Constitution.
Why it is in the news
Both law officers are ex officio members of the Bar Council of India under the Advocates Act. The Supreme Court has now said they must be actively associated with every BCI policy decision.
Where to go next
State Bar Councils
Where lawyers are enrolled and disciplined.
In one line: State Bar Councils are the elected bodies that admit advocates to practice and discipline them.
Structure
Under Section 3 of the Advocates Act, 1961, a State Bar Council has 15, 20 or 25 elected members, depending on whether its electorate is up to 5,000, between 5,000 and 10,000, or above 10,000 advocates. Each State Bar Council elects one of its members to the Bar Council of India.
Functions
They admit persons as advocates on their roll, prepare and maintain that roll, entertain and decide cases of misconduct against advocates, and safeguard the rights and interests of advocates.
Why it is in the news
On 8 December 2025, the Supreme Court ordered that 30% of State Bar Council seats be held by women: 20% by election and 10% by co-option in this round. The Court's September 2026 timetable asks High Court Chief Justices to finish co-opting two women members within two weeks, so that the new councils can then elect their office-bearers and BCI representatives.
Where to go next
Self-regulation of professions
The case for and against letting a profession police itself.
In one line: Self-regulation means members of a profession, usually through elected councils, set and enforce their own standards.
Why professions regulate themselves
Peers understand technical standards better than outsiders. For lawyers there is a further reason: an advocate must be free to argue against the government, so the licence to practise should not depend on the government's goodwill.
The risks
Elected councils can protect members rather than the public, delay elections or extend their own terms, and spend funds on purposes outside their statutory role. Courts and legislatures then step in.
Two Indian answers
- For doctors, the National Medical Commission Act, 2019 replaced the elected Medical Council of India with a largely nominated commission.
- For lawyers, the Supreme Court in 2026 kept the elected Bar Council of India but required its ex officio law officers to be part of every policy decision until fresh elections.
Where to go next
Take the 3 September 2026 quiz: 18 Prelims-style questions with answers