New Delhi: The Bar Council of India, headed by BJP Rajya Sabha member and senior advocate Manan Kumar Mishra, triggered a controversy Thursday when it issued an order asking state units not to register as advocates the 2026 graduates of Hyderabad’s NALSAR University of Law as they objected the presence of Chief Justice of India Surya Kant at their convocation ceremony.
The order drew widespread condemnation, and the BCI swiftly withdrew it. CJI Surya Kant Friday also sharply pulled up the BCI for the order, saying what was happening at the NALSAR was “a dialogue between students and me”.
Even though the BCI order has now been rescinded, issuing it in the first place triggered a backlash from lawyers, and brought to focus the role of its chairman Manan Kumar Mishra who has often used the statutory Bar body’s platform to comment on political issues, street protests, judicial developments, lawyers’ conduct, and even issues pending before the Supreme Court.
The 69-year-old also aired his opinions on the Cockroach Janta Protest at Jantar Mantar.
The agitations have been hijacked by “anti-social and anti-national elements”, he said in a strongly worded public appeal on 23 July on the BCI’s official letterhead.
“Foreign adversaries are acting with the intent to destabilize India”, he said in the statement. “The expressed objective of the anti-nationals is to undermine and ruin our country, as has occurred elsewhere in the recent past.”
The statement urged lawyers, teachers, doctors, engineers, journalists and other professionals to uphold constitutional values, discourage misinformation and help protect public order.
This move was heavily criticised by nearly 100 lawyers, who said, Mishra as the BCI chairman and the author of the letter did not represent the views of the Bar, and most certainly did not speak for them.
The lawyers sought to distance themselves from his statement and even questioned him for airing his personal views on political issues on the BCI’s official letterhead.
In December 2019 as well, during the anti-CAA protests, Mishra signed on a BCI letter expressing solidarity with police and armed forces, and requesting the leaders of the Bar and young students to “take active role in diffusing the disturbances and violence in the country.
“We are to convince the people and the illiterate ignorant masses, who are being misled by some so-called leaders (for serving their own political ambitions) that the matter with regard to the Citizenship Amendment Act is under consideration of our Supreme Court, therefore, everyone should await the decision of Apex Court. The people have immense faith in our Hon’ble Supreme Court”, he said.
Again, a group of lawyers issued a statement, saying they did not support him. They issued a letter that said while the BCI’s individual office-bearers are free to express their opinions in their personal capacity, the use of BCI’s platform to express the same “is a disservice to the principles the BCI stands for.”
ThePrint reached out to Mishra via calls and messages for his comments, but there was no response. The report will be updated as and when he responds.
Administrative calls from legal letterhead
Manan Kumar Mishra, who comes from the Gopalganj district of Bihar, became the chairman of the Bar Council of India on 17 April 2012, and has served in the post since, barring a brief seven-month period in 2014 when Biri Singh Sinsinwar headed the body.
Mishar has been re-elected for successive terms, securing his historic seventh term in early 2025. He became the Rajya Sabha member from the BJP in August 2024.
In September 2017, the BCI issued a show cause notice to senior advocate Dushyant Dave for his alleged “derogatory comments against the Chief Justice of India and the (Supreme Court) collegium” in connection with the resignation of Justice Jayant Patel of the Karnataka High Court.
Dave’s comments on an NDTV show, criticising the collegium’s handling of Justice Patel’s transfer triggered the showcause notice. Dave was particularly critical of CJI Misra.
“I did not expect much from the Hon’ble Chief Justice (then Justice Dipak Misra) since he is compromised because of serious allegations against him… But the four other Collegium members are outstanding, and men of absolute integrity and I have great respect. So I am terribly shocked that this decision has been taken.” he had said.
In the notice issued by the BCI, Manan Mishra said the “personal attack smacks of some personal vendetta against the CJI which amounts to gross misconduct”.
In 2020, Dave criticised sitting SC judge Arun Mishra in a newspaper article, raising concerns about the judge praising Prime Minister Narendra Modi at an international conference.
Mishra dismissed Dave’s criticism as an example of a “myopic mindset”, and an “attempt to gain cheap publicity”.
Last year, when Dave announced his retirement from the profession, he asserted that “since Modi took over as prime minister, every Chief Justice who assumed office has failed the judiciary. One after another, they compromised hundreds of cases under Modi’s influence”.
Mishra refuted these in a long statement, issued under BCI letterhead.
“A closer look reveals that far from failing the Constitution, the Supreme Court under each chief justice since May 2014 has delivered decisions that have affirmed and advanced democratic values, expanded civil liberties, upheld institutional independence, and preserved the foundational principles of our republic,” Mishra said.
He also questioned why Dave was making such statements after retiring from active practice.
If the judiciary was “indeed the single biggest reason for the collapse of the rule of law, one would expect to find a consistent pattern of judicial surrender to executive authority”, Mishra said.
“On the contrary, what emerges is a nuanced and often courageous assertion of judicial independence, frequently in opposition to the executive, and always within the bounds of constitutional discipline,” Mishra said.
In August 2022, a similar BCI letter criticised advocate Prashant Bhushan for claiming the Supreme Court of India had effectively abdicated its position as the custodian of civil liberties and basic rights.
Speaking at a webinar hosted by the Indian-American Muslim Council, Bhushan argued that recent apex court judgments had transformed the court into an institution that penalises citizens for seeking justice.
Calling the remarks “ridiculous, reprehensible and a tirade against the nation”, Mishra said that Bhushan had crossed all limits. “Persons like Mr. Bhushan have never been the champions of civil liberties, rather, by doing such nonsense acts, they succeed in giving a message to the world that they are anti-Indians,” he said.
“You can criticize anyone, but you cannot cross the Laxman Rekha, always mind your language. The licence to practice does not empower you (to) misuse your position as a Lawyer. For the conduct and etiquettes of Lawyers, the Bar Council India and State Bar Councils have laid down the norms and guidelines. Therefore, the Supreme Court may hesitate in initiating a contempt proceeding because of one or other reason, but, the Bar Councils won’t tolerate such nuisances”, the press release said.
In January 2024, Mishra wrote to then CJI D.Y. Chandrachud with a request seeking a holiday across courts on 22 January for the consecration ceremony of the Ram Mandir in Ayodhya.
“This holiday would allow members of the legal fraternity and court staff to participate in or observe the inauguration ceremonies in Ayodhya and other related events across the country,” said the letter signed by Mishra.
The request was not approved.
In April 2023, the BCI passed a resolution, urging the Supreme Court not to take any decision in the then-ongoing hearings on marriage equality, and asking it to refer the issue to parliament. This was the government’s stand in court as well. “The bar is the mouthpiece of the common men and therefore, this meeting is expressing their anxiety over this highly sensitive issue”, the letter had said.
Political calls from legal regulatory
Cheerleading PM Modi’s electoral campaign in Varanasi in 2014, Mishra told a press conference, “I am speaking in my capacity as a representative of 1.7 million lawyers across the country. I am not expressing my support for Modi on behalf of the Bar Council of India, which is a statutory body and cannot take a political stand”.
“ I can sense that lawyers across the country have already made up their mind to vote for a stable government and a strong leadership for stemming the rot that had seeped in during the two successive tenures of the Congress-led UPA government, which allowed the malaise of corruption to fester in the name of coalition compulsion.
“Lawyers have always played a crucial role in bringing about a change in the country whenever required. They must rise to the occasion this time as well and help Modi in the interests of the country”, he said.
Later in 2016, Mishra’s letter to PM Modi addressed him as “My Lord”.
“Bar Council of India is chaired by me for last 5 years. I am a strong supporter of your goodself. In 2013, I was the Chairman, I joined B.J.P. because I was very much impressed with your leadership, your views and your ideas.
“Though some of the Leaders of B.J.P. do not like me, but since I know that my Leader is the most efficient and able leader of the world, I don’t care for others (who are internally opposed to my ideal in mylife)”, he said in a letter addressing framing of rules for foreign law firms and lawyers.
In 2022, soon after the BJP won four state assembly elections, he issued a press release in his capacity as BCI chairman congratulating Modi and Union Home Minister Amit Shah. “These election results have proved that under the leadership of Honourable Narendra Modi ji and of Hon’ble Amit Shah ji, our India is completely safe and protected,” the press release said.
It also said members of the BCI had actively participated during the election campaign in Goa, Uttar Pradesh and Uttarakhand.
The BJP sent him to Rajya Sabha in August 2024.
(Edited by Ajeet Tiwari)
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