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Core Purpose

The Bar Council of India has issued a notification to amend Rule-4, Chapter-I of the Bar Council of India Rules, 2023, concerning disqualifications for membership in State Bar Councils and the Bar Council of India.

Detailed Summary

The General Council of the Bar Council of India, through Notification F. No. BCI:D: 7649/2025 dated 29th October, 2025, published in New Delhi, has unanimously resolved to amend Rule-4, Chapter-I of the Bar Council of India Rules, 2023. These rules, originally published in the official Gazette of India on 23rd June, 2023, pertain to the qualification, disqualification, election procedure, and code of conduct for elections of State Bar Councils and the Bar Council of India. The amendment specifically modifies the disqualification criteria related to pending criminal cases: a candidate is now ineligible for election if two or more criminal cases of a serious nature (offences punishable with imprisonment of seven years or more) are pending against them as of a date not later than nine months prior to the election, clarifying that the pendency of only one such case does not, by itself, attract this disqualification. The rule retains other disqualifications such as punishment by a Disciplinary Committee, being a convict, a pending Disciplinary Committee case before nine months of election, not being regular in practice, holding another job or occupation, or working as a handwriting expert or witness for a litigant. Additionally, the amendment introduces a provision allowing any candidate aggrieved by the Returning Officer's decision under this rule to approach the concerned Central Election Tribunal of the Bar Council of India within a period of three days, with the Tribunal's decision being final and binding.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-30102025-267278 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY NEW DELHI, THURSDAY, OCTOBER 30, 2025/ KARTIKA 8, 1947 7230 GI/2025 BAR COUNCIL OF INDIA NOTIFICATION New Delhi, the 29th October, 2025 F. No. BCI:D: 7649/2025.—The General Council of the Bar Council of India unanimously resolves to amend Rule-4, Chapter-I of Bar Council of India Rules (for Qualification/Disqualification and procedure for election and code of conduct for the elections of S.B.C/B.C.I.), 2023, which was published in the official Gazette of India on 23rd June, 2023. Rule-4 of Chapter-I relating to Disqualifications for being a Member of State Bar Council(s) and Bar Council of India. The existing provision runs as follows: - An Advocate, for being a Member of any Bar Council should not have been punished by any Disciplinary Committee and/or should not be a convict. There should be no Criminal case of serious nature (prescribing punishment for 7 years or more) pending against him/her prior to 9 months of the election. There should be no Disciplinary Committee Case pending before 9 months of election against him/her. He/she should be regular in practice and should not be in any other job or occupation. Any Advocate doing work of Handwriting expert or appearing as a witness in support of any litigant, shall not be eligible to be a Member of any Bar Council. After Amendment Rule-4, Chapter-I reads as follows: - An Advocate, for being a Member of any Bar Council should not have been punished by any Disciplinary Committee and/or should not be a convict. A candidate shall be ineligible for election if, as of a date not later than nine months prior to the election, two or more criminal cases of a serious nature (meaning offences punishable with imprisonment of seven years or more) are pending against him or her. For the_avoidance of doubt, the pendency of only one such case shall not, by itself, attract this disqualification. There should be no Disciplinary Committee Case pending before 9 months of election against him/her. He/she should be regular in practice and should not be in any other job or occupation. Any Advocate doing work of Handwriting expert or appearing as a witness in support of any litigant, shall not be eligible to be a Member of any Bar Council. Any candidate aggrieved by the decision of the Returning Officer under this rule may approach the concerned Central Election Tribunal of the Bar Council of India within a period of 3 days and the decision of the Central Election Tribunal shall be final and binding on the Returning Officer. SRIMANTO SEN, Principal Secy. [ADVT.-III/4/Exty./434/2025-26] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR SRIVASTAVA

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