Executive Summary:
The Bar Council of India established a rule for filling casual vacancies among its elected members. A sub-committee was formed, and their rule was approved by the Chairman and will be published in the Gazette of India. The remaining members of the Bar Council will elect/co-opt a member from the concerned State Bar Council. The election/co-option program will be notified with the Chairman's approval.
Key Points / Main Content:
Filling Casual Vacancies:
* Remaining members of the Bar Council of India will elect/co-opt a member from the concerned State Bar Council to fill the vacancy.
Election/Co-option Procedure:
* The Secretary of the Bar Council of India will notify the election/co-option program with the Chairman's approval.
* The election/co-option will be held at the Bar Council of India premises or a location decided by the Council.
* The concerned State Bar Council will be notified of the election/co-option program 15 days before the scheduled date.
* The Secretary of the Bar Council of India will conduct the election and serve as the Returning Officer.
* The election/co-option will be conducted via secret ballot, similar to the election of other Bar Council of India office bearers.
Rule Addition:
* These rules shall be added as Rule 11 B of Chapter I, Part II of Bar Council of India Rules.
Impact Analysis:
Bar Council of India:
* Impact: Must follow the new rule for filling casual vacancies.
* Action Required: Implement the election/co-option procedure as outlined.
Secretary of the Bar Council of India:
* Impact: Responsible for notifying the election/co-option program, conducting the election, and acting as the Returning Officer.
* Action Required: Prepare and execute the election/co-option process according to the new rule.
State Bar Councils:
* Impact: Their members are eligible to be elected/co-opted to fill casual vacancies in the Bar Council of India.
* Action Required: Be prepared to nominate members for election/co-option when notified.
Key Entities Referenced
Bar Council of India: The main organization responsible for regulating and representing the legal profession in India. This policy document outlines rules for filling casual vacancies within the Bar Council of India.
Gazette of India: The official government publication in which this notification regarding the Bar Council of India's rules is published.
Apurba Kumar Sharma: A member of the Bar Council of India who was part of the subcommittee formed to frame the rule for filling up casual vacancies.
Dinesh Pathak: A member of the Bar Council of India who was part of the subcommittee formed to frame the rule for filling up casual vacancies.
Nilesh Kumar: A member of the Bar Council of India who was part of the subcommittee formed to frame the rule for filling up casual vacancies.
State Bar Council: The state-level counterpart to the Bar Council of India. Members of the State Bar Council are considered when filling casual vacancies in the Bar Council of India.
J. R. Sharma: Secretary of the Bar Council of India
New Delhi: The city where the notification was issued.
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1201 GI/2015 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]
BAR COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 13th March, 2015
Extracts of the Minutes of the General Council of the Bar Council of India at its meeting held on 21st February,
2015 under Item No. 65/2015
Resolution No. 32/2015
The Council vide item No. 65/2015 discussed to frame the Rule regarding filling up of casual vacancies. After
discussion Council constituted a Sub-Committee consisting of Mr. Apurba Kumar Sharma, Mr. Dinesh Pathak,
Mr. Nilesh Kumar, Members, Bar Council of India to frame the rule for filling up of the vacancy occurring in the Bar
Council of India before scheduled election of State Bar Council or before expiry of tenure of the State Bar Council. After
getting it finally settled by the Hon’ble Chairman, the office is to send it for publication in the Gazette of India without
any delay.
The rule framed by this Committee has been approved by the Chairman, Bar Council of India.
Bar Council of India Rule (filling up of casual vacancies)
To fill a casual vacancy among the elected members of the Bar Council of India, the remaining members of the
Bar Council of India shall elect/co-opt a member from amongst the members of the concerned State Bar Council in the
following manner :-
(a) The Secretary of the Bar Council of India shall publish/notify the election/co-option program with the approval
of the Chairman, Bar Council of India.
(b) The election/co-option shall take place in the premises of the Bar Council of India or at a place to be decided by
the Council.
(c) The program of the election/co-option is to be notified to the concerned State Bar Council before 15 days of the
scheduled date of the election/co-option.
(d) The Secretary of the Bar Council of India shall conduct the election and shall be Returning Officer for the
election/co-option. The election/co-option shall be by secret ballot in the same manner as provided for the
election of other office bearers of the Bar Council of India.
(e) These Rules shall be added as Rule 11 B of Chapter I, Part II of Bar Council of India Rules.
J. R. SHARMA, Secy.
[ADVT.-III/4/Exty./96/14]
Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.