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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-22042026-271988
EXTRAORDINARY
PART IIIβSection 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.β
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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