⚖️ Major Change in Bar Council Election Rules: Supreme Court Approval; Office Bearers Cannot Hold Two Posts Simultaneously
New Delhi: The Supreme Court of India has approved a significant amendment to the rules governing Bar Council elections. While approving the revised Chapter-III of the Bar Council of India (BCI), the Court upheld its validity and directed that it be published in the Official Gazette immediately.
Under the newly amended rules, elected office bearers of a Bar Association will now be eligible to contest elections for the State Bar Council. Under the previous provisions, it was mandatory for them to resign from their existing posts before contesting an election—a requirement against which several petitions had been filed.
While amending the rules on March 11, 2026, the BCI introduced a stipulation stating that if an office bearer wins an election, they must choose to retain only one of the two posts within 15 days. In other words, no individual may simultaneously hold both positions.
The Supreme Court clarified that the applicability of this rule in various states would be determined on a case-to-case basis. Furthermore, permission has been granted to approach the High-Powered Committee—constituted under the chairmanship of Justice Sudhanshu Dhulia—for the resolution of any related disputes.
It is noteworthy that, currently, in several states, approximately five members have been elected to State Bar Councils who also serve as office bearers of their respective District Bar Associations. These individuals must now relinquish one of their posts within 15 days.
