The Supreme Court of India has cleared an amendment to the election rules framed by the Bar Council of India, permitting office-bearers of Bar Associations to contest elections to State Bar Councils without first resigning from their posts.

Earlier, such office-bearers were disqualified from contesting unless they stepped down. Under the revised framework, they can now run for elections, provided they undertake not to hold positions in both the Bar Association and the Bar Council simultaneously if elected.

A Bench observed that the amendment sufficiently addresses concerns raised by Bar Association representatives who had challenged the earlier restriction. It approved the revised rules and directed that they be notified in the Official Gazette at the earliest.

The controversy stemmed from Chapter III of the BCI’s 2016 election rules, which imposed the disqualification. The Court had earlier questioned the logic behind a blanket prohibition and had asked the BCI to revisit the provision.

The applicability of the amended rule will be assessed on a case-by-case basis by a High-Powered Election Supervisory Committee.

Case Title: Shyam Lal Thakur v. Bar Council of India