## Report on Amendments to Bar Council of India Rules Regarding Election Procedures
**1. Executive Summary:**
This report analyzes amendments to the Bar Council of India (BCI) Rules, specifically focusing on changes related to the election of BCI members and State Bar Council (SBC) office bearers. The core purpose of these amendments, as inferred from the text, is to enhance fairness, transparency, and efficiency in the election process. Key changes involve revised procedures for conducting elections, the introduction of observers, requirements for videography, and provisions for resolving election disputes. The report details the key provisions of these amendments, their likely rationale, target audience, and expected impact.
**2. Introduction:**
This report aims to provide an informative overview of amendments to the Bar Council of India Rules, as published in the Gazette of India on December 30, 2020. The analysis is based solely on the provided policy text and focuses on changes impacting the election processes within the Bar Council system.
**3. Policy Overview:**
* This report concerns amendments to the Bar Council of India Rules.
* **Core Objective(s):** Based on the text, the core objectives of these amendments appear to be:
* To ensure fairness and transparency in the election of members to the Bar Council of India and office bearers of State Bar Councils.
* To streamline and clarify the election procedures.
* To provide a mechanism for resolving disputes related to elections.
**4. Background and Rationale:**
The provided text suggests that these amendments were enacted to address potential shortcomings or inconsistencies in the existing BCI Rules regarding elections. The amendments aim to mandate uniform guidelines issued in 2016, ensuring that these guidelines are now compulsory. The introduction of observers, videography requirements, and specific provisions for handling election disputes indicate a need to reinforce the integrity and accountability of the election process.
**5. Key Provisions / Changes:**
The amendments introduce several key changes to the election process:
* **Repealed Rules:** Rules 21, 22, 3, 7, 81, 9 and 105 of Part II, Chapter I of the Bar Council of India Rules are repealed.
* **Election Timing & Sequence:** The election of the BCI member from a State Bar Council must now be conducted *before* the election of the State Bar Council's own office bearers and committees (Amended Rule 22). This is meant to separate the BCI election and clarify the election schedule. A deadline of 45 days from the date of member election has been established for the election of Office Bearers.
* **Returning Officer & Assistant Returning Officer:** The Secretary of the BCI, or an officer appointed by the BCI, will act as the Returning Officer for the BCI member election. The Secretary of the State Bar Council will serve as the Assistant Returning Officer. (Amended Rule 3).
* **Observers:** If requested by five or more elected members or the ex-officio member of a State Bar Council, the Chairman of the BCI may appoint an observer to oversee the election. Observers can be a former High Court Judge, a member of the BCI or any State Bar Council, or a Senior Advocate, or a judicial officer or registrar of the High Court. (New Rule 5 3).
* **Videography:** State Bar Councils are now required to make video recordings of the entire election process, with copies stored by both the BCI Secretary and the State Bar Council Secretary. (Rule 5 4)
* **Election Location:** The Chairman of the BCI may direct the election of a BCI Member to be held in the premises of the BCI at Delhi or some other place if sufficient cause is shown. In such cases, the BCI would bear the travel and accommodation expenses of the members. The sitting allowances honorarium shall be borne by the State Bar Council. (Rule 5 5).
* **Notice Period:** Amended Rule 7 states a notice period of 15 days must be given before an election of the Bar Council of India is to be held. However, the majority of elected members of the State Bar Council may make a request to the Returning Officer to allow the election to be held on a short notice.
* **Nomination Process:** Amended Rule 81 explains that the name of the candidate for election shall be proposed by one member and seconded by another member of the State Bar Council in writing filed before the returning officer at least one day prior to the election meeting. No member shall propose or second more than one name.
* **Gazette Publication:** The result of the election shall be published forthwith in the Gazette concerned for publication. Amended Rule 89 explains that if the election is held in the premises of the Bar Council of India, then the result shall be published in the Gazette of India. Proviso to Rule 89 states that in case of publication of result of Members of State Bar Council andor its Office Bearers in State Gazette and Gazette of India both, the publication made in Gazette of India shall be treated to be valid and this provision regarding Gazette publication shall be treated to be in force from the date the Advocates Act, 1961 came into force.
* **Election Dispute Resolution:** The Election Tribunals constituted by the BCI will handle election disputes of members of all State Bar Councils.
* **Filling Vacancies:** Amended Rule 105 states that any vacancies shall be filled up in accordance with the provisions of the rules.
**6. Target Audience and Stakeholders:**
The primary target audience for these amendments includes:
* Members of State Bar Councils
* Candidates for election to the Bar Council of India.
* State Bar Council Secretaries and administrators involved in conducting elections.
* The Bar Council of India, including its Secretary and Chairman.
**7. Implementation Aspects (Inferred):**
* **Responsible Agencies/Bodies:**
* Bar Council of India (BCI): Responsible for appointing Returning Officers, Observers, and providing facilities for Election Tribunals.
* State Bar Councils (SBCs): Responsible for appointing Assistant Returning Officers, making arrangements for videography, and notifying members about election dates.
* Election Tribunals: Responsible for resolving election disputes.
* **Timelines/Procedures:**
* Election of BCI member must precede the election of SBC office bearers.
* A notice period of at least 15 days is generally required for election notifications, but can be shortened upon request by a majority of elected members.
* Election must be held within 45 days from the date of member election of State Bar Council
* Gazette publication follows election results.
**8. Expected Outcomes / Impact of Changes:**
The intended outcomes of these amendments are likely to include:
* **Increased Transparency:** The introduction of observers and mandatory videography aims to enhance transparency and deter fraudulent practices during elections.
* **Fairer Elections:** The clarified procedures and dispute resolution mechanisms are expected to contribute to fairer and more equitable election outcomes.
* **Efficient Dispute Resolution:** The Election Tribunals should provide a faster and more specialized avenue for resolving election-related grievances.
* **Standardized Procedures:** Enforced uniform guidelines will ensure consistency in election practices across different State Bar Councils.
**9. Conclusion:**
The amendments to the Bar Council of India Rules, as outlined in the Gazette of India on December 30, 2020, represent a significant effort to improve the integrity and efficiency of elections within the Bar Council system. By introducing measures for transparency, dispute resolution, and standardized procedures, these changes are poised to positively impact the functioning of both the BCI and State Bar Councils. These amendments are significant because they address perceived shortcomings in the existing election framework and reinforce the commitment to fair and transparent governance within the legal profession.
Key Entities Referenced
NEW DELHI: The city where the notification was issued.
Bar Council of India: The primary organization issuing the notification, responsible for regulating legal profession and education in India.
State Bar Councils: State-level regulatory bodies for lawyers, whose election procedures are being modified by this notification.
Advocates Act, 1961: The central legislation governing the legal profession in India; this notification amends rules under this Act.
High Court: Courts at state level in India. Former judges or registrars can be appointed as observers
Election Tribunals: Committees constituted by the Bar Council of India to handle election disputes of State Bar Councils.
Supreme Court of India: India's highest court, which approved the Election Tribunals as per the Transferred Case Civil No.1262015.
Ring Road, Mayapuri, New Delhi-110064: Location of Government of India Press.
Delhi-110054: Location of Controller of Publications.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एलxx.x-GअI.D-E0x1x0x 12021-224101
CG-DL-E-01012021-224101
असाधारण
EXTRAORDINARY
भाग III—खण्ड 4
PART III—Section 4
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 571] नई दिल्ली, बधु वार, दिसम्ब र 30, 2020/ पौष 9, 1942
No. 571] NEW DELHI, WEDNESDAY, DECEMBER 30, 2020/PAUSHA 9, 1942
ubZ fnYyh] 30 fnlEcj] 2020
I II
BCI : D : 3582/2020.—Hkkjrh; fof/kK ifj’kn u s ifj’kn ds lnL;ks a ds pquko lacfa/kr fu;ekas es a
fuEufyf[kr la'kks/ku djus dk izLrko ikfjr fd;k gS %&
[k.M 2 v/;k; 1 ifj’kn ds lnL;kss a ls lacaf/kr izko/kku gSA ifj’kn us lu 2016 es a blls lacfa/kr dqN fn'kk
funZs'k tkjh fd;s Fks ftUgsa vc vfuok;Z le>k tk;sxkA
jkT; ckj dkmafly ds lnL;kas ;k inkf/kdkfj;ks a ls lacfa/kr u;s fu;e 9 es a mfYyf[kr izkfsotk s (Proviso) dks
NkMs +] lHkh la'kksf/kr fu;e Hkkjr ds xtV essa izdk'ku dh frfFk ls izHkkoh gkasxsA ;s fu;e izdk'ku dh frfFk ls
Hkkjrh; fof/kK ifj’kn ds lnL; ds pquko ;k jkT; ckj dkmafly ds inkf/kdkfj;ks a ds pqukoksa grs q ges'kk ykxw gksaxs
6430 GI/2020 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4]
o jgasxs] tgk¡ pquko gkus s okys gSa vkSj ;k tgk¡ pquko laca/kh ukfsVl tkjh gks pqds gSa % gk¡ykfd ;fn fdlh jkT; ckj
dkmafly ds inkf/kdkjh dk pquko lEiUu gks pqdk gS] oSls fuokZfpr inkf/kdkfj;ks a dk pquko bu fu;ekas ls izHkkfor
ugha gksxk vkSj oSls iow Z esa lEiUu pquko oS/k eku s tk;saxsA
mDr ds fu;e 2] 3] 7] 8 ¼4½] 9 ,oe~ fu;e 10 ¼5½ dks foyksfir fd;k tkrk gS vkSj mDr
foyksfir fu;ekas ds LFkku ij fuEufyf[kr la'kksf/kr fu;eksa dks izfrLFkkfir@fuos'ku fd;k tkrk gSA lkFk gh fu;e
11 dks Hkkjrh; fof/kK ifj’kn ds fu;ekoyh ds v/;k; 1 ds [kMa II es a tksM+k tkrk gSA fu;e 9 ¼1½¼2½] ;Fkkor
jgasxsA u;s fu;e 9 Hkh izfrLFkkfir fd;s tk jg s gSaA
fu;e 2 (1) jkT; fof/kK ifj’kn ds lnL;kss a ds ¼vf/koDrk vf/kfu;e] 1961 dh /kkjk 8 ds rgr pquko ds ckn½
lnL;ksa dh igyh cSBd es a Hkkjrh; fof/kK ifj’kn ds lnL; dk pquko Hkh gks ldsxkA ;g pquko /kkjk 4 (1) (c)
vf/koDrk vf/kfu;e ds rgr mYysf[kr lnL; dk pquko gksxkA gk¡ykfd] Hkkjrh; fof/kK ifj’kn ds lnL; ds
pquko gsrq dk;ZØe Hkkjrh; fof/kK ifj’kn ds lfpo djsaxs] bl pquko dk le;] frfFk ,oe~ LFkku Hkkjrh; fof/kK
ifj’kn ds lfpo }kjk fu/kkZfjr fd;k tk;sxk] ftldh lwpuk fof/kK ifj’kn ds lfpo jkT; fof/kK ifj’kn ds lHkh
lnL;ksa dk s nasxsA
rFkkfi Hkkjrh; fof/kK ifj’kn ds lnL; dk pquko] jkT; fof/kK ifj’kn ds inkf/kdkfj;kas vkSj lfefr;ks a ds pquko
ls igy s fd;s tk;sxsAa Hkkjrh; fof/kK ifj’kn ds lnL; ds pquko ifj.kke dh ?kk’sk.kk ds ckn jkT; fof/kK ifj’kn
ds inkf/kdkfj;ksa o lfefr;kas dk pquko gksxk ¼;fn lnL; Hkkjrh; fof/kK ifj’kn ds inkf/kdkfj;kas dk pquko ,d
gh fnu ;k mlh Øe es a gks jgk gks rks½
rFkkfi ;fn jkT; fof/kK ifj’kn ds fuokZfpr lnL; cgqer ls jkT; ckj dkamfly ds inkf/kdkfj;kas dk pquko ckn
es a fdlh vU; rfFk ij djkus dks vkons u djsa] rk s lfpo] jkT; ckj dkmafly }kjk dkbs Z vU; frfFk fu/kkZfjr dh
tk ldsxhA gk¡ykfd fdlh Hkh ifjfLFkfr esa lnL;] Hkkjrh; fof/kK ifj’kn ,oe~ jkT; ckj dkmafly ds
inkf/kdkfj;ksa dk pquko] jkT; fof/kK ifj’kn ds lnL;kas ds pquko ifj.kke ds izdk'ku dh frfFk ds 45 fnuksa ds
vUnj lEiUu djkuk vko';d gksxkA
fu;e 3 %& Hkkjrh; fof/kK ifj’kn ds lnL; ds pquko dk lapkyu ifj’kn dk lfpo ;k Hkkjrh; fof/kK ifj’kn
}kjk eukus hr ifj’kn dk dksbZ vU; inkf/kdkjh djsxk ,oe fuokZph inkf/kdkjh (Returning Officer) ds #i es a
pquko lapkfyr djsxkA
jkT; fof/kK ifj’kn dk lfpo lgk;d fuokZph inkf/kdkjh (A.R.O.) gksxkA
izs{kd (Observer)
;fn fdlh jkT; ckj dkmafly ds 5 ¼ik¡p½ ;k mlls vf/kd fuokZfpr lnL; ;k inus lnL; Hkkjrh; fof/kK
ifj’kn ds lnL; ds pquko grs q fdlh izs{kd (Observer) dh fu;qfDr gsrq vkosnu djr s gSa rks Hkkjrh; fof/kK
ifj’kn ds v/;{k }kjk mPp U;k;ky; ds fdlh vodk'k izkIr U;k;k/kh'k ;k Hkkjrh; fof/kK ifj’kn ds ,d ;k
vf/kd lnL;ks a ;k fdlh jkT; fof/kK ifj’kn ds lnL; ;k fdlh ojh; vf/koDrk dks izs{kd ds #i es a fu;qDr dj
ldsxkA Hkkjrh; fof/kK ifj’kn ds v/;{k }kjk lacaf/kr mPp U;k;ky; ds ekuuh; eq[; U;k;k/kh'k dk s fdlh ojh;
U;kf;d inkf/kdkjh ;k mPp U;k;ky; ds fuca/kd dks izs{kd ds #i es a fu;qDr dju s dk Hkh vkxzg fd;k tk
ldsxkA mDr izs{kd Hkkjrh; fof/kK ifj’kn ds lnL; ds pquko ds vykok jkT; ckj dkamfly ds inkf/kdkfj;kas ds
pquko ds izs{k.k dju s gsrq Hkh fu;qDr fd;s tk ldrs gSaA
jkT; ckj dkmafly ds lfpo ds }kjk pquko dh lkjh izfdz;kvks a ds ohfM;ksxzkQh dk izko/kku djuk vko”;d
gksxkA mDr ohfM;ksxzkQh dh fjdkfMZx 2 isuMªkbo (Pendrive) es a dh tk;sxh ftlesa 1 iSuMªkbo Hkkjrh; fof/kK
ifj’kn ds lfpo ,oe nlw jh iSuMªkbo (Pendrive) jkT; ckj dkmafly ds lfpo ds ikl lqjf{kr j[kh tk;sxhA
jkT; ckj dkmafly ds inus lnL; ;k jkT; ckj dkmafly ds fuokZfpr lnL; cgqer ls] vko';drkuqlkj mfpr
dkj.ko'k ckj dkmafly vkWQ bafM;k ds lnL; dk pquko Hkkjrh; fof/kK ifj’kn ds izkxa.k es a ;k fdlh vU; LFkku
ij vk;ksftr djku s dk vkxzg dj ldrs gSaA mDr vkons u ij Hkkjrh; fof/kK ifj’kn ds v/;{k }kjk mi;qDr
dkj.k ik;s tkus ij Hkkjrh; fof/kK ifj’kn ds lnL; dk pquko Hkkjrh; fof/kK ifj’kn ds izkxa.k esa ;k fdlh vU;[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 3
LFkku ij vk;kfstr dju s dk fu.kZ; fy;k tk ldrk gSA ,ls h fLFkfr es a lnL;ksa ds ;k=k HkRrk ,oe jgus ds LFkku
dh O;oLFkk Hkkjrh; fof/kK ifj’kn }kjk fd;k tk;sxk ,oe jkT; fof/kK ifj’kn ds lnL;ks a ds vU; HkRrs@ekuns;
jkT; fof/kK ifj’kn ogu djsxhA
jkT; fof/kK ifj’kn ds lnL; cgqer ls fn;s x;s vkosnu ij ;k insu lnL; ds vkxzg ij Hkkjrh; fof/kK ifj’kn
ds v/;{k }kjk jkT; fof/kK ifj’kn ds inkf/kdkfj;kas ,oe vU; lfefr;kas dk pquko Hkh Hkkjrh; fof/kK ifj’kn ds
izkxa.k e sa ;k fdlh vU; LFkku (tgk a Hkkjrh; fof/kK ifj’kn ds lnL; dk pquko gksuk gS) ij vk;kfstr dju s dk
vkns'k ikfjr fd;k tk ldrk gSA gk¡ykfd] jkT; fof/kK ifj’kn ds inkf/kdkfj;ks a ,oe vU; lfefr;kas dk pquko
Hkkjrh; fof/kK ifj’kn ds lnL; ds pquko ,oe blds ifj.kke dh ?kks’k.kk ds ckn gh dh tk;sxhA
Hkkjrh; fof/kK ifj’kn ds lnL; ds pquko dh frfFk dh lwpuk jkT; fof/kK ifj’kn ds lfpo }kjk Hkkjrh; fof/kK
ifj’kn ds lfpo ls funZs'k ysu s ds ckn gh dh tk;sxhA mDr lacaf/kr lwpuk jkT; fof/kK ifj’kn ds lfpo }kjk
pquko dh frfFk ds 15 fnu iwoZ lnL;ksa dk s nus h gksxhA
rFkkfi jkT; fof/kK ifj’kn ds fuokZfpr lnL; ;fn cgqer ls mDr 15 fnu dh vof/k ds vUnj gh fuokZph
inkf/kdkjh (Returning Officer) ds le{k pquko djkus dk vkons u djrs gSa rks fuokZph inkf/kdkjh
(Returning Officer) mDr vkosnu ij vYi lwpuk ij Hkh pquko djkus dh vuqefr n s ldrk gSA
pquko dk;ZdØekas lac/a kh lwpuk dh ,d izfr Hkkjrh; fof/kK ifj’kn dks Hkh izsf’kr dh tk;sxhA
Hkkjrh; fof/kK ifj’kn ds lnL; ds pquko grs q jkT; fof/kK ifj’kn dk dksbZ ,d lnL; fdlh mEehnokj ds uke
dks izLrkfor djsxk vkSj dksbZ nlw jk lnL; mldk leFkZu dj ldsxkA ukekadu i= fyf[kr gksxk ,oe pquko ds
,d fnu igy s fuokZph inkf/kdkjh (Returning Officer) ds le{k nkf[ky gksxkA dksbZ Hkh lnL; ,d ls vf/kd
uke dk izLrko ;k leFkZu ugha dj ldsxk( oSls ukekadu i= (Invalid) vekU; gksaxsA ukekda u i= dh tkap
fuokZph inkf/kdkjh (Returning Officer) }kjk dh tk;sxh ,oe mfpr fu.kZ; ds ckn mEehnokjks a ds uke dh
?kks’k.kk fuokZph inkf/kdkjh (Returning Officer) }kjk dh tk;sxhA
pquko ifj.kke dh ?kk’sk.kk vfoyEc xtV es a izdkf'kr dh tk;sxhA rFkkfi ;fn pquko Hkkjrh; fof/kK ifj’kn ds
izkxa .k es a ;k fdlh vU; LFkku ij lEiUu gqvk gks] rks pquko ifj.kke Hkkjr ds xtV es a izdkf'kr fd;s tk;sxsAa
Proviso to Rule 8(9)
rFkkfi dksbZ Hkh jkT; fof/kK ifj’kn vius lnL;ks a ds pquko ifj.kke dk izdk'ku ;k jkT; fof/kK ifj’kn ds
inkf/kdkfj;ksa ds pquko dk izdk'ku] Hkkjrh; fof/kK ifj’kn ds ek/;e ls Hkkjr ds xtV esa djk ldrk gSA ;fn
izdk'ku jkT; xtV ,oe Hkkjr ljdkj nksuks a gh xtV es a gqvk gS] rks Hkkjr ds xtV es a izdkf'kr lwpuk,¡ ,oe
frfFk gh ekU; gksxh( xtV izdk'ku laca/kh izko/kku vf/koDrk vf/kfu;e 1961 ds izdk'ku dh frfFk ls gh ekU;
le>s tk;saxsA
¼fVIi.kh %& ;s Proviso to Rule 8(9) vf/koDrk vf/kfu;e] 1961 ds ykxw gksu s dh frfFk ls gh ykxw le>k
tk;sxk½
(Election Tribunals)
d- pquko lfefr ¼ftUgas pquko U;k;kf/kdj.k ds uke ls Hkh tkuk tkrk gS½ vkSj ftudks ekuuh; loksZPp
U;k;ky; dh vuqefr ls eqdnek Vh- lh- ¼CIVIL½ la[;k 126@2015 ds vkykds es a jkT; fof/kK ifj’kn~ks a
ds lnL;kas vkSj@;k muds inkf/kdkfj;kas ds pquko laca/kh ekeyksa o fooknk s ds fuiVkjs grs q Hkkjrh; fof/kK
ifj’kn~ }kjk blds en la- 25@2018 fnukad 21-01-2018 }kjk xfBr fd;k x;k gS]
U;k;kf/kdj.k@lfefr;k¡ dk;Zjr jgsaxhA ;s lfefr;k¡ ckj dkmafly pqukokas ds ernkrk ;k ckj dkmafly ds
lnL; pqu s tkus gsrq vgÙkkZvkas ¼Qualification and Disqualification½ lac/a kh ekeykas o fooknksa dk
fuiVkjk Hkh djasxhA
[k- bu U;k;kf/kdj.k@lfefr;kas ds v/;{k] fdlh mPp U;k;ky; ds vodk'k izkIr eq[; U;k;k/kh'k gkasxs ,oe~
fdlh ,d ;k ,d ls vf/kd mPp U;k;ky; ds nk s vodk'k izkIr U;k;k/kh'k blds lnL; gksxa aA mDr nk s
U;k;k/kh'k lnL;kas es a ,d lnL; laofa/kr jkT; ckj dkmafly }kjk eukfsur fd;k x;k lnL; gksxk] ftl4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4]
jkT; ckj dkmafly ds pquko lac/a kh ekeykas@fooknks a dk fuiVkjk fd;k tkuk gSA vko';drk iM+us ij
pquko U;k;kf/kdj.k jkT; fof/kK ifj’knks a ds lnL;kas ds pquko dks fu’i{k ,oe ikjn'khZ cukus ds fy, ,d
;k ,d ls vf/kd izs’kd (Observer) ,oe@;k lgk;d pquko vf/kdkjh (Assistant Returning
Officer) fu;qDr dj ldsxkA
rFkkfi jkT; fof/kK ifj’kn ds lnL;ks a ds pqukokas gsrq fuokZph inkf/kdkjh (Returning Officer) jkT;
fof/kK ifj’kn gh fu;qDr dj ldsxkA
x- U;k;kf/kdj.k ds v/;{k U;k;kf/kdj.k ds dk;Z laiknu laca/kh viuh fu;ekoyh] izfdz;k,¡ ,oe~ “kqYd vkfn
dk fu/kkZj.k Hkkjrh; fof/kK ifj’kn ds ijke'kZ dj Lo;e~ djasxsasA ,oe~ Hkkjrh; fof/kK ifj’kn bl
U;k;kf/kdj.k ds dk;Z laiknu grs q lkjh O;oLFkk,¡ miyC/k djk;sxhA
Jhekurksa lsu] lfpo
[foKkiu III/4/vlk-/430/2020]
BAR COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 30th December, 2020
Rules under Section-15(2), (c), (d), (f) and (g) read with Section 4 and 10B and Section-7(1)(g), (k), (l)
and (m) read with Section-48B, 49(1)(a), (ab) and (i) of the Advocates’ Act, 1961.
Amendment to Rule-2(1), 2(2), Rule-3, Rule-7, Rule-8(1), Rule 8(9) and Rule-10(5) of Part-II,
Chapter-I of the Bar Council of India Rules (the earlier respective rules mentioned above are being
repealed).
Addition of New Rule 5(3), 5(4) and 5(5) and the New Rule 8(9) and 11 in Part-II, Chapter-I of the
Bar Council of India Rules.
F. No. BI : D : 3582/2020.—The General Council has considered to make necessary amendments
in the Bar Council of India Rules with regard to the matters relating to elections of the Members of the Bar
Council of India and office bearers of the State Bar Councils, the forum to decide the matters relating to
qualifications and disqualifications of being a voter and/or for any Member of Bar Council.
Part-II, Chapter-I of the Bar Council of India Rules provides for the election of the Members of the Bar
Council of India. The Council had framed uniform Guidelines in this regard in the year 2016, which are
now to be treated as mandatory.
Except the Rules regarding publication of result of election of members as per New Proviso to Rule 8(9),
these Rules will come into force from the date of its publication in Official Gazette.
This Rule shall be applicable for all State Bar Councils where election(s) of Member of Bar Council of
India have not been held till the date of the publication of these amended Rules in the Official Gazette,
regardless of issuance of any notice for the same, keeping in view the larger interest of ensuring fairness
and transparency in the entire process of election.
The provisions contained in these Rules shall apply on/for all the elections of Member/s, Bar Council of
India and/or Office-Bearers of State Bar Council, anytime to be held in any State Bar Council, which would
include the first internal elections (office bearers, committee elections) and all subsequent such internal
elections of State Bar Council, which may be necessitated due to any reason inclusive of vacancy arising
therein or otherwise, to be held in any State Bar Council after publication of these Rules in the Official
Gazette.
However, it is made clear that if, in any Bar Council, the election of any office-bearer has been held prior to
publication of these Rules in the Official Gazette, such election shall not be disturbed and shall be treated to
be valid.
Rule-2(1), 2(2) and Rule-3, Rule-7, Rule-8(1), Rule-9 and Rule-10(5) of Part-II, Chapter-I of the Bar
Council of India Rules are hereby repealed and following Rules are being inserted at the respective
places. Rest of the Rules of the Part-II, Chapter-I of Bar Council of India Rules shall remain intact
of new Rule-11 is added in the Part-II of Chapter-I of the Bar Council of India Rules.[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 5
Amended Rule-2(1)-
The notice and agenda for the first meeting of the State Bar Council to be held after the election of its
members on expiry of terms of its member elected at the previous election under Seciton-8 of the
Advocates Act, 1961 may also include the election of a Member of the State Bar Council to the Bar
Council of India under Section-4(1)(c) of the Advocates Act, 1961. However, the schedule for the election
of Member of Bar Council of India shall be decided by the Secretary of Bar Council of India only. The
date, time and place of election shall be fixed by the Secretary of Bar Council of India; and he shall inform
it to the Secretary, State Bar Council to notify among the members of State Bar Councils.
Amended Rule-2(2)-
The election of the Member, Bar Council of India shall be held, and the result of the same shall also be
declared prior to the elections of the other Office Bearers and Committees of the State Bar Council, if both
these elections are held in same continuation and/or on the same day.
However, if the majority of elected Members of any State Bar Council make a requisition to hold the
election of office-bearers of State Bar Council at a subsequent date, another date of election for electing
office-bearers of State Bar Council may be fixed by the Secretary of State Bar Council on the direction of
the Returning Officer for the election of State Bar Council. But, in any case such election has to be held
within 45 days from the date of election of publication of result of Members of State Bar Council.
Amended Rule-3-
The election of the Member-Representative to be elected to the Bar Council of India shall be conducted by
the Secretary, Bar Council of India or any other Officer of the Bar Council of India to be appointed by the
Council who shall act as the Returning Officer for the election of the Member of Bar Council of India.
The Secretary of the State Bar Council shall act as Assistant Returning Officer in the election of the
Member-Representative to the Bar Council of India.
New Rule 5 (3)-
Observer(s): -
If, 5 or more elected Members of any State Bar Council or the Ex-Officio Member make a requisition for
appointment of an Observer for the Election of the Member, Bar Council of India and/or the Officer
Bearers of the State Bar Council, the Chairman, Bar Council of India may appoint a former Judge of any
High Court or one or more member(s) of the Bar Council of India or any State Bar Council or any Senior
Advocate(s) to be the Observer for the said election(s). In the alternative, the Chairman of the Council may
make a request to the Hon’ble Chief Justice of the concerned High Court to appoint a Senior Judicial
Officer or the Registrar of the High Court to be the Observer for the said election(s). The Observer(s) may
also be appointed to act as observer for the election of Officer-Bearer(s) of State Bar Council.
Rule 5 (4)-
The Secretary of State Bar Council shall make provision for videography of the entire process of the
election. The recordings shall be kept in pen-drive and one pen-drive containing election shall be kept by
Returning Office in safe custody. The Assistant Returning Officer shall keep another copy of pen-drive.
Rule 5 (5)-
If, the Ex-Officio Member or majority of elected Members make an application before the Bar Council of
India for holding the election of Member, Bar Council of India in the premises of Bar council of India at
Delhi or some other place (because of some plausible reasons), the Chairman of the Bar Council of India
may direct (for the reasons to be recorded in writing) for holding the elections either at Delhi or at some
other place. In such cases, the expenses for travelling and accommodation shall be borne by Bar Council of
India and the sitting allowances/honorarium shall be borne by State Bar Council.
Provided that if the Ex-Officio Member or the majority of elected Member of State Bar Council further
make a request that the election of other office bearers and the Committees of the State Bar Council should
also be held either at Delhi or at same place (where the election of Member, Bar Council of India is to be6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4]
held), the Chairman of the Bar Council of India shall allow the Members of the State Bar Council to hold
the election of its Office Bearers and the Committees, if any, at the same place, after the result of election
of Member, Bar Council of India.
Amended Rule-7-
The date of election of the Members of the Bar Council of India shall be notified by the Secretary of the
State Bar Council on the direction of the Secretary of the Bar Council of India and the notice thereof shall
be sent not less than 15 clear days before the date fixed for election.
However, the majority of elected Members of the State Bar Council may make a request to the Returning
Officer to allow the election to be held on a short notice and the Returning Officer may allow the elected
Members to hold the election at a short notice. In same manner, the election of office-bearers of State Bar
Council can also be held on a short notice.
A copy of notice relating to election shall be sent simultaneously to Bar Council of India.
Amended Rule-8(1)-
The name of each candidate for the election shall be proposed by one Member and seconded by another
Member of the State Bar Council in writing filed before Returning Officer at least one day prior to the
election meeting. The nomination shall be filed before the Returning Officer. No Member shall propose or
second more than one name. Such nomination shall be invalid. The nomination papers shall be scrutinized
by the Returning Officer on same day and he shall take appropriate decision in this regard and declare the
candidatures.
Amended Rule-8(9)-
The result of the election shall be published forthwith in the Gazette concerned for publication. However,
if the election is held in the premises of Bar Council of India at Delhi or some other place, the result shall
be published in the Gazette of India.
Proviso to Rule 8(9) :-
Provided that in case of publication of result of Members of State Bar Council and/or its Office Bearers in
State Gazette and Gazette of India both, the publication made in Gazette of India shall be treated to be valid
and this provision regarding Gazette publication shall be treated to be in force from the date the Advocates’
Act, 1961 came into force.
[Note : This proviso to Rule 8(9) shall be deemed to have come into force from the date the Advocates Act,
1961 became effective].
Amended Rule-10(5)-
The vacancy (if any) of the members, Bar Council of India shall be filled up in accordance with the
provisions of these Rules only.
Added Rule-11
Election Committee(s) OR Election Tribunal(s)
(A) The Election Tribunal(s), which are also called the Election Committee already constituted by Bar
Council of India as per Bar Council of India Resolution taken vide Item No.25/2018 dated
21.01.2018, which has been approved by Hon’ble Supreme Court of India in Transferred Case
(Civil) No.126/2015 shall be operational with respect to election issues and disputes of members of
all State Bar Councils.
Such Tribunal(s) shall be functional to decide the matters relating to disqualification of voters or
the members of Bar Council and to election and/or election disputes of the election of Members
and/or Office-Bearers of State Bar Councils.[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 7
(B) The Tribunal(s) are headed by a former Chief Justice of any High Court and two Former Judges of
any High Court. Out of these two Member-Judges, one shall be a Judge nominated by the
concerned State Bar Council, the dispute relating to which the Tribunal is to be constituted. In case
the Tribunal considers it necessary, it may appoint observer(s) and/or Assistant Returning Officers
for ensuring fair and transparent elections of members of State Bar Council(s) or its office-bearers.
However, the Returning Officer for such elections of members and office bearers of State Bar
Councils shall be appointed by the concerned State Bar Council only.
(C) The Chairman of the Tribunal shall frame its own regulations and procedure, and shall decide the
election-petition fee in consultation with Bar Council of India etc. and Bar Council of India shall
provide and make all arrangements for the Tribunals/Committees.
SRIMANTO SEN, Secy.
[ADVT. III/4/Exty./430/2020]
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