Date: 2025-10-30Category: Extra OrdinaryState: Union GovernmentCountry: India
The General Council of the Bar Council of India unanimously resolves to amend Rule 4, Chapter I of Bar Council of India Rules for Qualification Disqualification and procedure for election and code of conduct
**Executive Summary**
This document is a notification from the Bar Council of India, dated October 29, 2025, announcing an amendment to Rule-4 of Chapter-I of the Bar Council of India Rules, 2023, which relates to qualifications/disqualifications for elections to State Bar Councils and the Bar Council of India. The amendment clarifies the grounds for disqualification due to pending criminal cases. Aggrieved candidates may appeal to the Central Election Tribunal within 3 days.
**Key Points / Main Content**
* **Amendment Purpose:** To modify the disqualification criteria for candidates in elections to State Bar Councils and the Bar Council of India.
* **Rule 4 Amendment Details:**
* A candidate is ineligible if two or more criminal cases of a serious nature (punishable with imprisonment of seven years or more) are pending against them as of a date not later than nine months prior to the election.
* The pendency of only one such serious criminal case does not, by itself, trigger disqualification.
* All other existing disqualification criteria remain unchanged, including being punished by a Disciplinary Committee, being a convict, having a Disciplinary Committee case pending before 9 months, not being regular in practice, being in another job or occupation, or acting as a handwriting expert or witness supporting a litigant.
* **Appeal Process:**
* Candidates dissatisfied with the Returning Officer's decision can appeal to the Central Election Tribunal of the Bar Council of India within 3 days.
* The decision of the Central Election Tribunal is final and binding on the Returning Officer.
**Impact Analysis**
**Impact** State Bar Council Election Candidates
* The amendment clarifies and modifies the criminal case criteria for disqualification.
**Action Required**
* Candidates should review their eligibility based on the new criteria related to pending criminal cases.
* Aggrieved candidates must file an appeal within 3 days to the Central Election Tribunal if dissatisfied with the Returning Officer's decision.
**Impact** Returning Officers
* Must adhere to the decision of the Central Election Tribunal.
**Action Required**
* Must implement the decision of the Central Election Tribunal and apply the amended rules when assessing candidate eligibility.
Key Entities Referenced
Bar Council of India: The governing body of lawyers in India, responsible for regulating and representing the legal profession. The document concerns changes to rules related to elections for the Bar Council.
Rule-4, Chapter-I of Bar Council of India Rules: Specifically, the amendment relates to the disqualifications for being a Member of State Bar Council(s) and Bar Council of India.
Central Election Tribunal of the Bar Council of India: The tribunal to which candidates aggrieved by the Returning Officer's decision under amended Rule-4 can appeal.
State Bar Council: Council which has elections governed by the changed rules.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-30102025-267278
xxxGIDHxxx
CG-DL-E-30102025-267278
xxxGIDExxx
असाधारण
EXTRAORDINARY
भाग III—खण् ड 4
PART III—Section 4
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 700] नई दिल्ली, बहृ स्ट् पजतवार, अक्त ूबर 30, 2025/ कार्तकि 8, 1947
No. 700] NEW DELHI, THURSDAY, OCTOBER 30, 2025/ KARTIKA 8, 1947
अजधसचू ना
नई दिल्ली, 29 अक् तूबर, 2025
फा. स.ं .—Hkkjrh; fof/kK ifj’kn~ dh lkekU; cSBd us loZlEefr ls jkT;
fof/kK ifj’knks a ;k Hkkjrh; fof/kK ifj’kn~ ds pqukoksa eas ;kXs ;rk@v;ksX;rk laca/kh fu;eksa vkSj pquko ds fy, çfØ;k
vkSj vkpkj lafgrk ds fy,] 2023 ds fu;e&4] v/;k;&1 es a la'kks/ku djus dk ladYi fy;k] ftls 23 twu] 2023
dks Hkkjr ds vkf/kdkfjd jkti= es a çdkf'kr fd;k x;k FkkA
jkT; fof/kK ifj’kn~ vkSj Hkkjrh; fof/kK ifj’kn~ dk lnL; gksu s ds fy, fujgZrk ls lacaf/kr v/;k;&1 dk
fu;e&4
7230 GI/2025 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4]
ekStwnk çko/kku bl çdkj gS %&
,d vf/koDrk] fdlh Hkh fof|K ifj’kn~ dk lnL; gksrs gq,] fdlh Hkh vuq'kklukRed lfefr }kjk nafMr ugh afd;k
tkuk pkfg, vkSj@;k nks’k fl} ltk;k¶rk ugha gksuk pkfg,A pquko ds 9 eghus ls igy smlds f[kykQ dksbZ Hkh
xaHkhj izd`fr dk vkijkf/kd ekeyk ¼7 lky ;k mlls vf/kd ds fy, ltk fu/kkZfjr½ yafcr ugh agkusk pkfg,A mlds
f[kykQ pquko ds 9 eghus ls igys dksbZ vuq'kklukRed lfefr dk ekeyk yafcr ugh a gksuk pkfg,A mls vf/koDrk
ds i'sks es afu;fer gksuk pkfg, vkSj fdlh vU; ukSdjh ;k O;olk; es augha gksuk pkfg,A gLrfyfi fo'k’skK dk dk;Z
dju sokyk ;k fdlh oknh ds leFkZu es a xokg ds :i ea sis'k gksus okyk dkbsZ Hkh vf/koDrk fdlh Hkh fof|K ifj’kn~
dk lnL; cuu sdk ik= ugha gkxskA
v/;k;&1 dk fu;e&4 la'kks/ku ds ckn bl çdkj gS%&
,d vf/koDrk] fdlh Hkh fof|K ifj’kn~ dk lnL; gksrs gq,] fdlh Hkh vuq'kklukRed lfefr }kjk nafMr ugh a fd;k
tkuk pkfg, vkSj@;k nks’k fl} ltk;k¶rk ugha gksuk pkfg,A
mlds f[kykQ pquko ds 9 eghu s ls igy s dksbZ vuq'kklukRed
lfefr dk ekeyk yafcr ugh a gksuk pkfg,A mls vf/koDrk ds is'k s esa fu;fer gkus k pkfg, vkSj fdlh vU; ukSdjh
;k O;olk; esa ugha gkus k pkfg,A gLrfyfi fo'k’skK dk dk;Z dju s okyk ;k fdlh oknh ds leFkZu es a xokg ds :i
ea s is'k gkus s okyk dkbsZ Hkh vf/koDrk fdlh Hkh fof|K ifj’kn~ dk lnL; cuus dk ik= ugha gksxkA
Jheark s lsu] iz/kku lfpo
[जवज्ञापन-III/4/असा./434/2025-26][भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 3
BAR COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 29th October, 2025
F. No. BCI:D: 7649/2025.—The General Council of the Bar Council of India unanimously resolves
to amend Rule-4, Chapter-I of Bar Council of India Rules (for Qualification/Disqualification and procedure
for election and code of conduct for the elections of S.B.C/B.C.I.), 2023, which was published in the official
Gazette of India on 23rd June, 2023.
Rule-4 of Chapter-I relating to Disqualifications for being a Member of State Bar Council(s) and Bar
Council of India.
The existing provision runs as follows: -
An Advocate, for being a Member of any Bar Council should not have been punished by any Disciplinary
Committee and/or should not be a convict. There should be no Criminal case of serious nature (prescribing
punishment for 7 years or more) pending against him/her prior to 9 months of the election. There should be
no Disciplinary Committee Case pending before 9 months of election against him/her. He/she should be
regular in practice and should not be in any other job or occupation. Any Advocate doing work of
Handwriting expert or appearing as a witness in support of any litigant, shall not be eligible to be a Member
of any Bar Council.
After Amendment Rule-4, Chapter-I reads as follows: -
An Advocate, for being a Member of any Bar Council should not have been punished by any Disciplinary
Committee and/or should not be a convict. A candidate shall be ineligible for election if, as of a date not
later than nine months prior to the election, two or more criminal cases of a serious nature (meaning
offences punishable with imprisonment of seven years or more) are pending against him or her. For
the avoidance of doubt, the pendency of only one such case shall not, by itself, attract this
disqualification. There should be no Disciplinary Committee Case pending before 9 months of election
against him/her. He/she should be regular in practice and should not be in any other job or occupation. Any
Advocate doing work of Handwriting expert or appearing as a witness in support of any litigant, shall not be
eligible to be a Member of any Bar Council. Any candidate aggrieved by the decision of the Returning
Officer under this rule may approach the concerned Central Election Tribunal of the Bar Council of
India within a period of 3 days and the decision of the Central Election Tribunal shall be final and
binding on the Returning Officer.
SRIMANTO SEN, Principal Secy.
[ADVT.-III/4/Exty./434/2025-26]
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.