On 29-10-2025, the Bar Council of India (‘BCI’) notified the amendment of BCI Rules (for Qualification/Disqualification and procedure for election and code of conduct for the elections of State Bar Council / Bar Council of India), 2023. This Amendment refines the criteria for disqualification and adds procedural safeguards for candidates.
Previous Rule:
Prior to the amendment, Rule 4, Chapter I of the BCI Rules following were the disqualification Rules for any member of State Bar Council and BCI.
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An advocate who has been punished by a Disciplinary Committee or has been convicted is disqualified.
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An advocate is disqualified if any serious criminal case (punishable with imprisonment of 7+ years) is pending against them as of 9 months prior to the election.
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An advocate is disqualified if any disciplinary case is pending against them as of nine months prior to the election.
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The candidate needs to be in regular legal practice and not engaged in any other employment or occupation.
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Advocates who work as handwriting experts or appear as witnesses in support of litigants are ineligible.
Amended Rule:
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The Amendment now specifies that disqualification applies if 2 or more such cases are pending, ensuring that a single pending case does not automatically bar a candidate from contesting.
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The Rule continues to disqualify advocates who have been punished by a Disciplinary Committee or have disciplinary cases pending within nine months of the election, ensuring that ethical standards remain a cornerstone of eligibility.
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It also continues to bar candidates who are not in regular legal practice or are engaged in other occupations.
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Advocates working as handwriting experts or appearing as witnesses for litigants remain ineligible, reinforcing the principle of impartiality.
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A new provision empowers candidates to challenge disqualification decisions made by the Returning Officer.
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Appeals can be made to the Central Election Tribunal of the BCI within 3 days, and its decision is final and binding. This procedural safeguard enhances transparency and fairness in the electoral process.