The Supreme Court of India on Thursday directed the Bar Council of India (BCI) to reconsider its rule that prevents office-bearers of Bar Associations from contesting elections to State Bar Councils.

A Bench headed by CJI Surya Kant, along with Justice Joymalya Bagchi and Justice Vipul Pancholi, disposed of a writ petition challenging Chapter III of the Bar Council of India Uniform Rules for the Elections of Bar Councils, 2016.

The challenged rule makes advocates who are office-bearers of Bar Associations ineligible to contest State Bar Council elections, except those belonging to the Supreme Court Bar Association. It also directs election authorities to reject the nomination papers of such candidates.

While issuing the direction, the CJI clarified that the BCI may impose a condition that once elected, a person cannot continue as an office-bearer of both a Bar Association and a State Bar Council at the same time.

The petition was filed by Dhanya Kumar Jain, President of the High Court Bar Association, Jabalpur, Paritosh Trivedi, its Secretary, and Manish Kumar Mishra, President of the Jabalpur District Bar Association. They challenged the rule as unconstitutional, arguing that it wrongly disqualifies Bar Association office-bearers from contesting elections to the Madhya Pradesh State Bar Council.

The petitioners argued that under the Advocates Act, 1961, State Bar Councils have the power to frame rules governing their own elections. They claimed that the BCI had exceeded its authority and that the rule was arbitrary and violated Articles 14 and 19 of the Constitution.

The Supreme Court observed that there appeared to be no valid reason for creating such an artificial distinction or for exempting the Supreme Court Bar Association. It directed the BCI to reconsider the rule and make an appropriate amendment within one week.

Case No.: W.P.(C) No. 226/2026
Case Title: Dhanya Kumar Jain v. Bar Council of India