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Core Purpose

The Bar Council of India amends its Uniform Rules and Mandatory Guidelines for the Elections of Bar Councils, 2016, to modify the eligibility criteria for office-bearers of Bar Associations to contest State Bar Council elections.

Detailed Summary

The Bar Council of India, through Notification F. No. BCI:D: 2197/2026 dated April 21, 2026, published on April 22, 2026, exercises powers under Section 7 read with Section 49 of the Advocates Act, 1961, to amend the Bar Council of India Uniform Rules and Mandatory Guidelines for the Elections of Bar Councils, 2016. This amendment is made in compliance with the Hon'ble Supreme Court of India's order dated February 19, 2026, in Writ Petition (Civil) No. 226 of 2026, Dhanya Kumar Jain & Ors. v. Bar Council of India & Anr., which found no justification for preventing Bar Association office-bearers from contesting State Bar Council elections. The amendment, specifically substituting Chapter III, now allows an advocate who is an office-bearer of a Bar Association to contest State Bar Council elections. Such advocates must file an undertaking at nomination, committing to not simultaneously hold more than one representative post. If elected, within fifteen days from the declaration of results, they must exercise a written option to retain either the Bar Association office-bearer post or the State Bar Council membership, and relinquish the other. Failure to do so within fifteen days will result in the deemed vacation of the State Bar Council Member office. The proposed amendment was also presented to the Supreme Court in IA No. 78285 of 2026 filed in W.P.(C) 1319 of 2023, and finally approved by the Hon'ble Supreme Court via its order dated April 20, 2026, in W.P. (C) No. 454/2026. This amendment comes into force from its publication date in the Official Gazette of India and applies to all cases where elections have not yet been held. Formats for undertaking, option, and relinquishment are provided.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-22042026-271988 EXTRAORDINARY PART IIIβ€”Section 4 PUBLISHED BY AUTHORITY No. 280] NEW DELHI, WEDNESDAY, APRIL 22, 2026/VAISAKHA 2, 1948 BAR COUNCIL OF INDIA NOTIFICATION New Delhi, the 21st April, 2026 F. No. BCI:D: 2197/2026β€” In exercise of the powers conferred by Section 7 read with Section 49 of the Advocates Act, 1961, and in compliance with the Order dated 19.02.2026 passed by the Hon'ble Supreme Court of India in Writ Petition (Civil) No. 226 of 2026, Dhanya Kumar Jain & Ors. v. Bar Council of India & Anr., wherein the Hon'ble Supreme Court has recorded as follows: "Since the impugned rule deprives office-bearers of the Bar Associations of High Courts, District Courts, or Sub-Divisional Courts from contesting the State Bar Council elections, we, prima facie, see no justification for creating such an artificial distinction under the Rules. Consequently, we direct the Bar Council of India to reconsider the provision and carry out a suitable amendment within one week.” Now, therefore, the Bar Council of India hereby amends the Bar Council of India Uniform Rules and Mandatory Guidelines for the Elections of Bar Councils, 2016, as follows. This proposed amendment was placed before the Hon'ble Supreme Court by Bar Council of India along with IA No. 78285 of 2026 filed in W.P.(C) 1319 of 2023. Finally, the Hon'ble Supreme Court of India vide its order dated 20.04.2026 passed in W.P. (C) No. 454/2026, observed that the grievance of the elected office bearers of the bar association has been adequately redressed through the amended provision and approved the amendment and directed Bar Council of India to publish the amendment in the Official Gazette of India without any delay. Therefore, this amendment is being published in the Official Gazette of India after approval of the Hon'ble Supreme Court. AMENDMENT In the Bar Council of India Uniform Rules and Mandatory Guidelines for the Elections of Bar Councils, 2016, in Chapter III, for the existing Chapter III and the provisions thereunder, the following shall be substituted, namely. CHAPTER III Eligibility of office-bearers of Bar Associations to contest election to a State Bar Council 1. a. An advocate who is an office-bearer of a Bar Association shall be eligible to contest the election to a State Bar Council, provided that such advocate files an undertaking before the Returning Officer at the time of filing the nomination stating that, if elected as a member of the State Bar Council, the advocate shall not simultaneously hold more than one representative post and shall accordingly resign as an office-bearer of the Bar Association upon election, or in the alternative shall resign as a member of the State Bar Council if the advocate chooses to continue as an office-bearer of the Bar Association. b. If any advocate who holds a position as an office-bearer of a Bar Association is elected as a member of a State Bar Council, such advocate shall, within fifteen days from the date of declaration of results, exercise a written option to retain only one of the representative posts and shall communicate the same to the concerned Bar Association and the concerned State Bar Council. c. Upon exercise of such option, the advocate shall relinquish the other post or posts held by him or her and shall intimate the same in writing to the concerned Bar Association and the concerned State Bar Council for record and necessary action. d. If any advocate elected as a member of a State Bar Council fails to exercise the option and communicate relinquishment in terms of clause (b) within fifteen days from the date of declaration of results, such advocate shall be deemed to have vacated the office of Member of the State Bar Council upon expiry of the said period. 2. Commencement and Applicability This amendment shall come into force from the date of its publication in the official gazette of India, after due approval from the Hon'ble Apex Court; and this shall apply to all cases where elections have not yet been held. FORMAT I Undertaking at the Time of Filing Nomination [Under Chapter III, Clause 1(a)] To The Returning Officer Election to the Bar Council of _______________ 1. I, _____________, Advocate, Enrolment No. _____________, presently holding the office of _______________ in _______________ Bar Association, hereby submit this undertaking in terms of Chapter III of the Bar Council of India Uniform Rules and Mandatory Guidelines for the Elections of Bar Councils, 2016. 2. I undertake that if I am elected as a member of the Bar Council of _______________, I shall not simultaneously hold more than one representative post. 3. I further undertake that upon my election as a member of the State Bar Council, I shall resign from the office of _______________ in _______________ Bar Association, or in the alternative shall resign from the membership of the State Bar Council if I choose to continue as an office-bearer of the Bar Association. Place _______________ Date _______________ Signature _______________ Name _______________ Enrolment No. _______________ FORMAT II Option to Retain One Representative Post [Under Chapter III, Clause 1(b)] To, Chairman / Secretary Bar Council of _______________ President / Vice-President / General Secretary / Secretary / Secretary General _______________ Bar Association, _______________ 1. I, _______________, Advocate, Enrolment No. _______________, hereby state that I presently hold the following representative posts. (a) _______________ in _______________ Bar Association (b) Member, Bar Council of _______________ 2. In terms of Chapter III, Clause 1(b), I hereby exercise my written option to retain only one representative post. 3. I opt to retain the post of _______________ . 4. I acknowledge that all other posts held by me out of those stated above shall stand relinquished in accordance with this option. Place _______________ Date _______________ Signature _______________ Name _______________ Enrolment No. _______________ FORMAT III Intimation of Relinquishment [Under Chapter III, Clause 1(c)] To, Chairman / Secretary, Bar Council of _______________ President / Vice-President / General Secretary / Secretary / Secretary General _______________ Bar Association _______________ Subject: Intimation of relinquishment under Chapter III of the Bar Council of India Uniform Rules and Mandatory Guidelines for the Elections of Bar Councils, 2016 1. In continuation of my option dated _______________ exercised under Chapter III, Clause 1(b), I hereby intimate that I have relinquished the post of _______________ with effect from _______________ 2. This intimation is being furnished for record updation and necessary action. Place _______________ Date _______________ Signature _______________ Name _______________ Enrolment No. _______________ SRIMANTO SEN, Principal Secy. [ADVT.-III/4/Exty./54/2026-27]

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