14/08/2026
What happens when the Chairman of the Bar Council of India himself is held guilty of contempt of court?
The V. C. Mishra episode became an important chapter in Indian legal history not only because of the advocate’s conduct in court, but because it raised a deeper constitutional question about the limits of the Supreme Court’s powers.
In V. C. Mishra, In re (1995), the Supreme Court found senior advocate and then-BCI Chairman V. C. Mishra guilty of criminal contempt following his conduct toward a presiding judge. The Court concluded that his language and behaviour were intended to threaten, overawe and overbear the court. Along with punishment for contempt, the Supreme Court also directed that he be suspended from practising as an advocate for a period, while the sentence of imprisonment was kept suspended.
But that raised a fundamental question: Can the Supreme Court, while exercising contempt jurisdiction, suspend an advocate’s licence to practise?
The issue was reconsidered by a Constitution Bench in Supreme Court Bar Association v. Union of India (1998). The Court clarified that its constitutional power to punish for contempt under Article 129 is distinct from the statutory disciplinary framework governing advocates under the Advocates Act, 1961.
It held that Article 142 could not be used to assume disciplinary powers specifically entrusted by law to the Bar Councils. While courts retain the authority to punish contempt and regulate proceedings before them, suspension or removal of an advocate’s licence as professional discipline must follow the mechanism established under the Advocates Act.
The cases remain significant for defining the boundary between two important powers: protecting the authority of courts through contempt jurisdiction and regulating the professional status of advocates through statutory disciplinary bodies.
( V. C. Mishra, Supreme Court of India, Contempt of Court, Criminal Contempt, Bar Council of India, Advocates Act 1961, Article 129, Article 142, Supreme Court Bar Association v. Union of India, Professional Misconduct )