The Supreme Court today has directed the Bar Council of India (BCI) to reconsider and suitably amend its rule debarring office bearers of Bar Associations from contesting elections to State Bar Councils.

The petitioners challenged a 2022 rule framed by the BCI, which disqualified individuals holding positions in Bar Associations (including High Court and District Court Bar Associations) from contesting Bar Council elections. It was argued that under Section 6 of the Advocates Act, the power to frame rules regarding the conduct of elections lies with the State Bar Councils, and not exclusively with the BCI in the manner exercised.

Counsel for the petitioner contended that while the BCI may prescribe qualifications for membership, it cannot create an artificial bar preventing office bearers of Bar Associations from contesting elections.

The Bench of Chief Justice of India, Justice Surya Kant,Justice Joymalya Bagchi, and Justice Vipul M. Pancholi noted that a similar matter was already under consideration, and a High-Powered Election Supervisory Committee headed by a former Supreme Court judge, Justice Sudhanshu Dhulia, had been constituted to oversee Bar Council elections.

However, prima facie expressing concern over the impugned rule, the Court observed:

“We see no justification for creating this artificial distinction under the rules.”

The Court directed the Bar Council of India to “reconsider the provision and carry out a suitable amendment within one week”. At the same time, the Bench indicated that conditions could be imposed to address concerns about dual office-holding. It suggested that a candidate may be required to resign from their Bar Association post after being elected, before notification of the result.

The matter was accordingly disposed of.