Can Office-Bearers Contest Bar Council Elections? Inside the BCI Amended Election Rules Approved by the Supreme Court

On 21 April 2026, the Bar Council of India (BCI) circulated the amendment to the BCI Uniform Rules (and Guidelines) for the elections of Bar Councils, 2016, allowing office-bearers of Bar Associations to contest elections to the State Bar Councils.

Background:

Prior to the amendment, Chapter III of the 2016 Rules imposed a blanket disqualification on office-bearers of Bar Associations, whether operating at the High Court, District Court, or Sub-Divisional level, from contesting elections to the State Bar Councils. This categorical exclusion generated serious concerns regarding its fairness and constitutional validity, particularly considering the principle of equality among advocates.

The restriction was challenged before the Supreme Court in Dhanya Kumar Jain v. Bar Council of India. By its order dated 19 February 2026, the Supreme Court, while considering the matter at a prima facie stage, observed that the impugned rule appeared to create an artificial and unjustified distinction between advocates holding representative positions in Bar Associations and other advocates. The Court found no reasonable or intelligible basis for depriving Bar Association office-bearers of their right to contest elections to the State Bar Councils. Consequently, the Bar Council of India was directed to reconsider the provision and effectuate a suitable amendment within one week.

Pursuant to the said direction, the proposed amendment was placed before the Supreme Court in M. Varadhan v. Union of India. Thereafter, by its order dated 20 April 2026 the Supreme Court approved the revised provisions. The Court held that the grievance of the elected office-bearers stood adequately addressed by the amendment and directed the BCI to ensure its immediate publication in the Official Gazette.

Read more: SC Approves BCI’s Amended Election Rules Allowing Bar Association Office-Bearers to Contest State Bar Council Polls with Post-Selection Choice

Key Highlights:

1. The Amendment revises the provisions to Chapter III of BCI Uniform Rules (and Guidelines) for the elections of Bar Councils, 2016, and comes into effect from 21 April 2026.

2. The revised provisions permit office-bearers of Bar Associations to contest elections to the State Bar Councils, subject to clearly defined safeguards.

3. An advocate who is an office-bearer of any Bar Association is now eligible to contest State Bar Council elections, provided that an undertaking is submitted at the time of nomination. This undertaking affirms that the advocate will not hold more than one representative post simultaneously.

4. At the nomination stage, the candidate must expressly declare that:

   • upon being elected as a State Bar Council member, they will have to resign from their Bar Association post, or

   • alternatively, if they choose to continue as an office-bearer of the Bar Association, they will have to resign from membership of the State Bar Council.

5. If such an advocate is elected, they must, within 15 days from the declaration of results, exercise a written option choosing only one representative post and communicate this decision to:

   • The concerned Bar Association, and

   • The concerned State Bar Council.

Also Read: BCI Notified: Rules for “No Confidence” against Office Bearers of BCI, Members of BCI and Officer Bearers of State Bar Councils

Also Read: BCI must construe existing framework to ensure 30% seats in State Bar Council are occupied by women members: Supreme Court

Read more: BCI Revises Election Eligibility Rules 2023: Disqualification set at two Pending Criminal Cases

[Amendment in Bar Council of India Uniform Rules and Mandatory Guidelines for the Elections of Bar Councils, 2016, published on 21-4-2026]