**Executive Summary:**
This document contains amendments to Rules 1 and 2 of the Bar Council of India Rules, concerning the preparation of electoral rolls, membership disqualification, and vacation of office. Adopted on October 29, 2014, following a General Council meeting on October 17, 2014, the amendments address advocate identification and non-practicing status. The changes aim to clarify voter eligibility and membership criteria within the Bar Council.
**Key Points / Main Content:**
* **Amendment to Rule 1 (Electoral Roll):**
* Voter Identification: Advocates must have stamp-size photographs included with their names on the State Bar Council electoral roll to be eligible to vote.
* **Amendment to Rule 2 (Membership Disqualification):**
* Non-Practicing Advocates: Advocates included in the list of non-practicing advocates under Rule 20.4 of the Bar Council of India Certificate of Practice and Renewal Rules, 2014, are subject to membership disqualification.
* Applicability: These amendments apply only where the Bar Council of India Certificate of Practice and Renewal Rules, 2014 are in effect.
**Impact Analysis:**
**Advocates:**
* *Impact:* Advocates seeking to vote in Bar Council elections must ensure their names on the State Bar Council electoral roll include a stamp-size photograph. Advocates listed as non-practicing under the 2014 Rules may face membership disqualification.
* *Action Required:* Advocates should verify their voter registration status and ensure compliance with photograph requirements. Those potentially affected by the non-practicing status rule should review their status under the Bar Council of India Certificate of Practice and Renewal Rules, 2014.
**State Bar Councils:**
* *Impact:* State Bar Councils are responsible for implementing the amended rules regarding electoral roll preparation, including the photograph requirement, and for identifying advocates affected by the non-practicing status rule.
* *Action Required:* Update electoral roll procedures to include stamp-size photographs and verify the status of advocates concerning the Bar Council of India Certificate of Practice and Renewal Rules, 2014.
**Bar Council of India:**
* *Impact:* The Bar Council of India is responsible for ensuring the amendments are implemented consistently across all State Bar Councils and for providing guidance on the interpretation and application of the amended rules.
* *Action Required:* Provide guidance to State Bar Councils regarding the implementation of the photograph requirement and the application of the non-practicing status rule and monitor compliance.
Key Entities Referenced
Bar Council of India: The primary organization issuing the notification and responsible for regulating legal practice in India.
New Delhi: The location where the notification was issued, situated in Delhi.
General Council of Bar Council of India: The governing body within the Bar Council of India that held a meeting to discuss and approve amendments to rules.
17th October, 2014: The date on which the General Council of Bar Council of India held its meeting.
Rule 1: A specific rule within the Bar Council of India Rules concerning the preparation of the electoral roll of advocates.
Rule 2: A specific rule within the Bar Council of India Rules concerning disqualification of membership.
State Bar Council: A regional division of Bar Council of India
Bar Council of India Certificate of Practice and Renewal Rules, 2014: A set of regulations pertaining to the certification and renewal of legal practice licenses, referenced in the explanation of the amendments.
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99
vlk/kj.k
EXTRAORDINARY
Hkkx III—[k.M 4
PART III—Section 4
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 302] ubZ fnYyh] cg` Lifrokj] vDrwcj 30] 2014@dk£rd 8] 1936
No. 302] NEW DELHI, THURSDAY, OCTOBER 30, 2014/KARTIKA 8, 1936
Hkkjrh; fof/kK ifj””””kn~
vf/klwpuk
ubZ fnYyh] 29 vDrcw j] 2014-
17 vDVqcj] 2014 dks vk;ksftr lkekU; ifj””””kn~ dh cSBd ds dk;Zo`r ds va’k
ifj’kn u s fu;e&1 vkSj fu;e&2 e sa l’akk/s ku dju s d s fy, mi&lfefr }kjk fn, x, lq>kok sa ij fopkj fd;k vkSj fopkj d s
ckn ifj"kn~ u s fuEufyf[kr lda Yi ikfjr fd;k&
ladYi la[;k 170@2014
;g lda Yi ikfjr fd;k fd Hkkjrh; fof/kK ifj"kn ~ dh ernkrk lpw h rS;kj dju]s lnL;rk l s v;kXs ; ?kkfs"kr dju s vkSj in
fjDr fu;ek sa l s lca fa/kr Hkkx&III d s v/;k; 1 e sa fufgr fu;e 1 vkSj 2 e sa fuEufyf[kr l’akk/s ku fd, tk ,%
1- fu;e 1 e sa ÞizR;ds vf/koDrk] ftldk uke jkT; fof/kK ifj"kn~ dh ernkrk lpw hÞ e sa “kCnk sa d s i’pkr~ vkSj Þpquko e sa
ernku dju s dk gdnkj gkxs kAÞ “kCnk sa l s iwoZ fuEufyf[kr “kCnk sa dk s tkMs +k tk, %
ÞfVdV vkdkj d s QkVs kxs zkQ d s lkFk gS]Þ
l’akk/s ku d s i’pkr~] fu;e 1 bl izdkj i<+k tk, %
ÞizR;ds vf/koDrk] ftldk uke jkT; fof/kK ifj"kn~ dh ernkrk lpw h e sa fVdV vkdkj d s QkVs kxs zkQ d s lkFk gS] pquko e sa
ernku dju s dk gdnkj gkxs kAÞ
2- fu;e 2 e sa [kMa ¼>½ d s i’pkr~ fuEufyf[kr [kMa tkMs k+ tk,xk %&
¼¥½ odkyr dju s dk Hkkjrh; fof/kK ifj’kn~ dk izek.k&i= vkSj uohdj.k fu;e] 2014 d s fu;e 20-4 d s v/khu izdkf’kr
dh xbZ odkyr ugh a dju s oky s vf/koDrkvk sa dh lpw h e sa “kkfey fd;k x;k gSA
Li’Vhdj.k % ; s l’akk/s ku dsoy mu ekeyksa esa ykx w gkxsa s tgk a odkyr dju s dk Hkkjrh; fof/kK ifj"kn~ dk izek.k i= vkSj
uohdj.k fu;e] 2014 ykx w gkxsa sA
t-s vkj- ’kekZ] lfpo
[foKkiu&III/4@vlk-/96/14]
4305 GI/2014 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]
BAR COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 29th October, 2014
Extracts of the minutes of the meeting of General Council of Bar Council of India held on
17th October, 2014
The Council considered the suggestions made by the Sub-Committee to amendment in Rule 1 and Rule 2 and
after consideration, the Council passed the following resolution :-
Resolution No. 170/2014
RESOLVED that the following amendments be made in Rule 1 and 2 contained in Chapter I of Part-III of the
Bar Council of India Rules respect to preparation of electoral roll, disqualification of membership and
vacation of office :
1. In Rule 1 after words “every advocate whose name” and before words “is on the electoral roll of
the State Council shall be entitled to vote at an election.” the following words be added :
“with stamp size photographs”.
After amendment, Rule 1 shall read as follows:-
“1. Every advocate whose name with stamp size photographs is on the electoral roll of the State Bar
Council shall be entitled to vote at an election.”
2. In Rule 2 the following one clause be added after clause (i) :
(j) his name has been included in the list of non-practicing advocates published under Rule 20.4 of
the Bar Council of India Certificate of Practice and Renewal Rules, 2014.
Explanation: These amendments shall be applicable only in the cases where the Bar Council of India
Certificate of Practice and Renewal Rules, 2014 apply.
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.