## Report on Amendment to Bar Council of India Election Rules
**1. Executive Summary:**
This report analyzes an amendment to the Bar Council of India's (BCI) election rules, specifically focusing on the procedure for electing the Chairman and Vice-Chairman. The amendment addresses circumstances like pandemics or lockdowns that necessitate virtual or hybrid election meetings. Key changes include provisions for virtual/hybrid election meeting presiding officers, virtual voting procedures, and maintaining voting secrecy in virtual/hybrid scenarios. The amendment aims to ensure the continuity of BCI operations and officer elections even during extraordinary situations while maintaining the integrity and fairness of the electoral process.
**2. Introduction:**
This report provides an overview and analysis of an amendment to the Bar Council of India's election rules. The analysis is based solely on the provided policy text. The report aims to inform stakeholders about the changes, their implications, and the likely reasons behind them.
**3. Policy Overview:**
This report concerns an **amendment** to existing Bar Council of India (BCI) election rules. The core objective of the amendment, as inferred from the provided text, is to establish clear procedures for conducting elections for the Chairman and Vice-Chairman of the BCI in extraordinary circumstances, such as pandemics or lockdowns, using virtual or hybrid (virtual and physical) meeting formats.
**4. Background and Rationale:**
The amendment appears to be driven by the need to adapt to situations where traditional in-person election meetings are not feasible due to external factors like pandemics and government-imposed restrictions on movement (lockdowns). The rationale stems from the disruption to institutional functions caused by these events and the necessity to continue the electoral process for key leadership positions while adhering to safety protocols and restrictions. The text explicitly mentions the constraints these situations place on physical gatherings and the need for virtual solutions.
**5. Key Provisions / Changes:**
The amendment introduces the following key changes to the existing election rules:
* **Rule 12 1(a) is amended:** The amendment allows the Council or its Chairman to decide on appropriate, feasible, and practical modes and processes of elections, including whether to conduct elections of office bearers virtually, by hybrid mode, or only virtually, during meetings. This part of the amendment seems to allow the Council more discretion in how it runs its elections given certain extraordinary circumstances.
* **Proviso added to Rule 12 1(c):** In virtual/hybrid election meetings, the Presiding Officer must be a former Chief Justice or a former Judge of any High Court. This new provision aims to ensure credibility and impartiality in the conduct of virtual/hybrid elections.
* **Virtual Voting Procedure:** The process of virtual voting can only begin after all physically present voters (if any) have cast their votes. This ensures that physical votes are considered before virtual votes are counted, and that no one who wishes to vote in person is disenfranchised.
* **Presiding Officer Authority:** The Presiding Officer for virtual/hybrid elections is the sole authority for deciding the norms of the voting process, ensuring secrecy, and making final decisions on issues related to casting votes.
* **Voter Secrecy:** The Presiding Officer must ensure that individual voter choices are kept confidential and not revealed to other voters.
* **Recording Security:** The Presiding Officer is responsible for securely storing election recordings.
* **Election Validity:** The results of the election would not be affected if more than 51 percent of Members voters have been able to attend/join the election meeting either physically or virtually.
* The council or the Chairman may appoint more than one Presiding OfficerConducting Officer to conduct Hybridvirtual electionmeeting. However, in any case, the Presiding OfficerConducting Officer shall only be either a former Chief Justice or former Judge of any High Court. However, the election conducted by only one Presiding OfficerConducting Officer shall be valid election.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders affected by this amendment are:
* Members of the Bar Council of India who are eligible to vote in the election of the Chairman and Vice-Chairman.
* The Chairman and the Council of the BCI, who are responsible for implementing the election process.
* Potential candidates for the positions of Chairman and Vice-Chairman.
* The Presiding Officer(s) responsible for overseeing the election process.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Bar Council of India and its Chairman are responsible for implementing the amended rules. The Presiding Officer(s), appointed from former High Court Justices, are responsible for the proper execution of the virtual/hybrid election process.
* **Procedures:** The amendment dictates specific procedures for virtual/hybrid elections, including the timing of virtual voting relative to physical voting, the appointment and qualifications of the Presiding Officer, and the maintenance of voter secrecy. The specifics of the "norms for voting process" are left to the Presiding Officer to determine.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcomes of these changes are:
* **Continuity of Governance:** Ensuring the BCI can continue to elect its leadership even during disruptive events.
* **Fairness and Impartiality:** Maintaining the integrity of the election process through the appointment of highly qualified and impartial Presiding Officers.
* **Voter Confidentiality:** Protecting voter privacy and ensuring that individual voting choices remain secret.
* **Adaptability:** Allowing for flexibility in election procedures to accommodate different circumstances.
**9. Conclusion:**
The amendment to the BCI election rules represents a significant adaptation to modern challenges, particularly those posed by events like pandemics. By establishing clear procedures for virtual and hybrid election meetings, the amendment aims to ensure the continuity of BCI governance, maintain the integrity of the electoral process, and protect the rights and privacy of voters. The amendment highlights the BCI's commitment to adapting to changing circumstances while upholding the principles of fair and transparent elections.
Key Entities Referenced
NEW DELHI: Location where the notification was issued.
FRIDAY, JANUARY 14, 2022: Date of the notification's publication.
PAUSHA 24, 1943: Date of the notification's publication according to the Indian national calendar.
Central Government: The government of India.
State Government: The government of a state within India where a meeting is to be held.
Lockdowns: Government-imposed restrictions on movement.
Virtual: Refers to online or remote participation and processes.
Hybrid Mode: Refers to a combination of virtual and physical participation.
High Court: A higher court of law within the Indian judicial system, potentially involved in appointing Presiding Officers.
Presiding Officer: An individual, specifically a former Chief Justice or Judge of a High Court, responsible for overseeing election meetings.
Conducting Officer: An individual appointed to conduct Hybridvirtual election meetings.
Rule121c: A specific rule being amended within the policy document.
Rule12: A specific rule being amended within the policy document.
Rule122: A specific rule being amended within the policy document.
Bar Council of India: The organization responsible for the notification and regulation of legal professionals.
SRIMANTO SEN: Secretary of the Bar Council of India.
Government of India Press, Ring Road, Mayapuri, New Delhi110064: Location of the Dte. of Printing
Controller of Publications, Delhi110054: The publisher of the document.
Chairman: Position within the council whose election is discussed.
ViceChairman: Position within the council whose election is discussed.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एxलxx.-GअID.-H1x5x0x1 2022-232664
CG-DLxx-xEG-I1D5E0x1x2x0 22-232664
असाधारण
EXTRAORDINARY
भाग III—खण्ड 4
PART III—Section 4
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 22] नई दिल्ली, िक्रु वार, िनवरी 14, 2022/पौष 24, 1943
No. 22] NEW DELHI, FRIDAY, JANUARY 14, 2022/PAUSHA 24, 1943
अजधसचू ना
नई दिल् ली, 14 िनवरी, 2022
फा.स.ं .—v/;{k vkSj mik/;{k dk pquko ifj"kn~ dh cSBd esa v/;{k ;k ifj"kn~ }kjk fu/kkZfjr
le; vkSj LFkku ij gksxkA
gkykafd] egkekjh tSlh vlk/kkj.k fLFkfr ds rgr] ftlesa lkekftd vkSj 'kkjhfjd nwjh vkfn dh vko';drk gksrh gS] ;k rks
tgka dsna z ljdkj ;k lacaf/kr jkT; ljdkj ¼tgka cSBd gksuh gS½ ykWdMkmu ds vkn's k@xeukxeu dk s izfrcaf/kr djrh gS
vkSj ftlus laLFkk ds dkedkt vkSj dkedkt lqpk: :i ls tkjh j[kus ds fy, n's k dk s dbZ rgj ls vkHkklh (Virtual)
gksus ds fy, ck/; fd;k gS] ,slh ifjfLFkfr eas ifj"kn~ ;k mlds v/;{k pquko dh mi;qDr] O;kogkfjd rjhdk vkSj izfdz;k
viukus ij fu.kZ; y s ldrs gSa] ftleas cSBd ds nkSjku] D;k inkf/kdkfj;ks a ds pquko vkHkklh (Virtual) rjhds ls pquko
djku s gSa vkSj@;k ladj rjhdk (hybrid mode) ;kuh vkHkklh (Virtual) ;k Hkh 'kkjhfjd :i (Physical
Mode) ls ;k dsoy vkHkklh (Virtual) rjhds ls djkuk gSA ifj"kn~ ;k mlds v/;{k pquko dh mi;qDr vkSj
O;kogkfjd rjhdk vkSj izfdz;k ij fu.kZ; y s ldr s gSa] ftleas cSBd ds nkSjku] inkf/kdkfj;ks a ds pquko vkHkklh (Virtual)
vkSj@;k ladj rjhdk (hybrid mode) ;kuh vkHkklh (Virtual) lkFk gh lkFk HkkSfrd :i ls Hkh pquko djkus gSa ;k
dsoy vkHkklh (Virtual) :i ls gh djk;s tku s gSa] bl lanHkZ es a fu.kZ; fy;s tk;sxa sA
fu;e&12 ¼1½¼lh½ es a tksM+k tkus okyk izko/kku (Proviso):-
c“krZs fd fu;e&12 mi&fu;e&1¼,½ ds rgr mfYyf[kr ifjfLFkfr;ks a eas vkHkklh (Virtual) vkSj@;k ladj rjhdk
(hybrid mode) pquko&cSBd (Election meeting) ds fy, ihBklhu vf/kdkjh fdlh mPp U;k;ky; ds iwoZ
eq[; U;k;k/kh'k ;k iwoZ U;k;k/kh'k gksxa s] pquko lHkk ds vkHkklh (Virtual) vkSj@;k ladj rjhdk (hybrid mode) es]a
265 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4]
vkHkklh (Virtual) ernku dh izfdz;k rHkh 'k: gksxh tc HkkSfrd :i (Physical) ls lHkh ernkrkvks a }kjk ¼;fn dksbZ
gks½ viuk ernku dj fy;k gksA ifj"kn~ ;k v/;{k pquko lapkyu gsrw ,d ls vf/kd ihBklhu vf/kdkjh@lapkyu
inkf/kdkjh fu;qDr dj ldsxa s] c'krZas fd gj gky eas ihBklhu vf/kdkjh@lapkyu inkf/kdkjh fdlh mPp U;k;ky; ds eq[;
U;k;/kh'k ;k U;k;/kh'k gh gksxa sA
gkykafd] fdlh ,d ihBklhu vf/kdkjh@lapkyu inkf/kdkjh }kjk lapkfyr fd;k x;k pquko Hkh oS/k ekuk tk;sxkA
vkHkklh (Virtual) vkSj@;k ladj rjhdk (hybrid mode) pquko cSBd ds fy, ihBklhu vf/kdkjh ernku izfdz;k
¼lnL;ks a ds chp ernku ds ckj s eas iw.kZ xksiuh;rk cuk, j[ku s ds fy,½ ds ekunaMks a dks r; dju s dk ,dek= izkf/kdkjh
gksxk vkSj fu/kkZfjr izfdz;k ds vuqlkj ernku Mkyus ls lacaf/kr lHkh eqn~nks a ij mldk fu.kZ; vafre gksxkA
vkHkklh (Virtual) vkSj@;k ladj rjhdk (hybrid mode) pquko cSBd ds fy, ihBklhu vf/kdkjh ls ;g lqfuf'pr
dju s dh vis{kk dh tk,xh fd ,d ernkrk }kjk HkkSfrd :i ls ;k vkHkklh (Virtual) Mky s x, ernku dh tkudkjh
nlw js ernkrk dk s ugh a gksuh pkfg,A ihBklhu vf/kdkjh (recordings) vfHkys[kcn~/k (recordings) dk s viu s ikl
gh lqjf{kr j[ksxkA
uksV& ;fn 51 izfr“kr ls vf/kd lnL; ¼ernkrk½ pquko lHkk eas { HkkSfrd (physical) ;k vkHkklh (virtual)} Hkkx
yus s @'kkfey gksus eas l{ke gks x;s gSa] rks pquko ds ifj.kke izHkkoh ugha gksxa sA HkkSfrd :i (Physical) fuokZpu cSBd ds
fy, ihBklhu vf/kdkjh dh fu;qfDr ds laca/k eas fu;e ;Fkkor jgsxa sA
fu;e&12 ¼2½ es a la'kks/ku
v/;{k ;k mik/;{k rhu lky dh vof/k ds fy, ;k Hkkjrh; fofèkK ifj"kn ~ ds lnL; ds :i eas viu s in ds dk;Zdky rd]
tks Hkh gks] rd in ij jgsxa sA
Jhera ks lsu] lfpo
[जवज्ञापन-III/4/असा./582/2021-22]
BAR COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 14th January, 2022
F. No. Amendment in Rule-12(1)(a) .—The election of Chairman and Vice-Chairman shall be held at a meeting of
the Council at a time and place to be fixed either by the Chairman or by the Council.
However, under extra ordinary situation like pandemic, including situations which necessitates social and physical
distancing, etc. or where either Central Government or the concerned State Government (where meeting is to be held)
orders for Lockdowns/restricts movement and which has constrained the nation to go virtual in many respects, in order
to keep up the functioning, and working of the institution, the Council or its Chairman may decide upon the
appropriate, feasible and practical mode and process of elections, wherein during the course of the meeting, the
decision whether to conduct elections of office bearers virtually and/or whether to hold elections by hybrid mode i.e.
virtually as well as physically or only virtually may be taken.
Proviso to be added to Rule-12(1)(c)
Provided that under the circumstances mentioned under Sub-Rule-1(a) of Rule-12, the Presiding Officer for
virtual/hybrid election meeting shall be a former Chief Justice or a former Judge of any High Court. In a
virtual/hybrid mode of election meeting, the process of virtual voting shall begin only after completion of voting by all
the voters present physically (if any) cast their votes. The council or the Chairman may appoint more than one
Presiding Officer/Conducting Officer to conduct Hybrid/virtual election-meeting. However, in any case, the Presiding
Officer/Conducting Officer shall only be either a former Chief Justice or former Judge of any High Court. However,
the election conducted by only one Presiding Officer/Conducting Officer shall be valid election.
The Presiding Officer for virtual/hybrid election meeting shall be the sole authority to decide the norms for voting
process (to maintain full secrecy about the voting among the members) and his decision on all the issues relating to
casting votes as per the decided process shall be final.[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 3
The Presiding Officer for virtual/hybrid election meeting shall be expected to ensure that the votes cast by a voter
physically or virtually, should not be known to the other voter. He shall keep the recordings safe with him only.
Note : The results of the election would not be affected, if more than 51 percent of Members (voters) have been able
to attend/join the election meeting (either physically or virtually). For physical elections, there shall be no change in
the rule regarding the appointment of Presiding Officer for the Meeting.
Amendment in Rule-12(2)
The Chairman or the Vice-Chairman shall hold office for a period of three years, or until his term of office as Member
of the Bar Council of India ceases whichever is earlier.
SRIMANTO SEN, Secy.
[ADVT.-III/4/Exty./582/2021-22]
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.