The Campaign for Judicial Accountability and Reforms(CJAR) has demanded the immediate resignation of the Bar Council of India's Chairman, Manan Kumar Mishra. It has said that an independent legal profession is one of the best guarantees of constitutional rights, and the BCI chairman's continuing presence has seriously damaged the independence of the Bar.

CJAR's statement comes in the backdrop of Mishra's August 13 direction to all State Bar Councils barring the enrollment of the 2026 batch of NALSAR as advocates until an inquiry is conducted into those involved in a campaign opposing Chief Justice of India Surya Kant's participation in its convocation. It may be recalled that the NALSAR students had reportedly opposed inviting CJI Kant for the convocation over his comments on the Delhi student protest.

Taking objection to the students' campaign, Mishra asked the NALSAR Vice-Chancellor to initiate an inquiry. Later, on the same day, due to immense criticism, the direction was withdrawn. Subsequently, the inquiry was also dropped.

CJAR has condemned the "unilateral" decision taken by the BCI chairman and has termed it as "utterly illegal and unconstitutional". It has said that Mishra is known to issue unilateral orders, misusing the letterhead of the BCI without calling for a Bar Council meeting.

"It was an attempt at collective punishment on an entire class of students over their campaign/letter to the university's administration to reconsider the invitation to the Chief Justice of India, as Chief Guest at the University convocation. Though the directive was withdrawn, Mr Mishra has not expressed any real contrition for his blatantly intimidatory actions."

Supporting the Bombay Bar Association's resolution, which has also called for Mishra's resignation, CJAR reiterated that when an officer-bearer who exercises regulatory power threatens the career of law graduates for exercising their right to protest and free expression, this is a clear demonstration of unfitness to continue holding that office.

BCI Chairman's continued presence a threat to independent Bar

In its statement, CJAR has once again reminded that BCI exists to safeguard the integrity of the legal profession and legal education. It is not meant to serve as a permanent "political perch". It has been said that since Mishra is a member of Parliament in the Rajya Sabha from the Bharatiya Janata Party, as BCI Chairman, he has shown more interest in furthering a political agenda rather than protecting the independence of the Bar. Further, CJAR has said that his continued appointment as Chairman raises immense questions.

"CJAR also wishes to bring to the public's attention that Mr Mishra's continuing as Chairman, BCI is irregular and raises serious questions. The Advocates Act, 1961 provides for a two-year term for the BCI Chairman. A proviso to Section 4(3) permits a sitting member to continue in office “until his successor is elected” — a provision that has, in practice, been used to entrench Mr. Mishra in office indefinitely rather than facilitate periodic rotation, as Parliament intended. This has enabled the concentration of power in a single office-bearer for over a decade and is an indictment of the BCI's failure to reform itself from within."

Further, CJAR has accused Mishra of setting up a trust under the BCI Trust, Pearl-First Trust, of which he has made himself a lifetime trustee by name. "This Trust took over the funds of an earlier trust set up by the BCI (Bar Council of India Trust). This taking over of the funds as well as their utilization is being enquired into by the CBI."

In light of all this, CJAR has called upon the legal fraternity, the State Bar Councils, and the Supreme Court to restore the due process by removing the BCI chairman without any further delay. It has further asked for an inquiry into Mishra's formation and the "misuse" of the Trust, enactment of a binding two-term limit on the office of the BCI chairman, and a full public disclosure of BCI's finances. Further, it has asked that there should be full disclosure of the disciplinary record during Mishra's tenure and what institutional safeguards have been taken to prevent any further office-bearer from unilaterally penalising students or advocates without due process.

It may be noted that a writ petition has been filed challenging the prolonged tenure of Mishra as BCI's chairman and also sought an independent probe into the BCI Trust.

Yesterday, at the BCI General Council meeting, one BCI Member, Advocate Manoj Kumar Narendran, sought Mishra's resignation. Another member backed Narendran's demand. BCI Co-Chairman Senior Advocate Y.R. Sadasiva Reddy has also demanded his resignation.

Read CJAR's Statement