Gujarat Bar Council Election Committee Disqualifies Non-Citizen Candidate
In a significant ruling, a high-powered election committee overseeing the 2026 Bar Council of Gujarat elections has declared that candidates who are not Indian citizens are ineligible to contest. The decision came on Wednesday, following an objection to the nomination of advocate C K Patel for the post of Bar Council of India (BCI) member.
Objection Based on Foreign Citizenship and OCI Status
The objection was filed by advocate M R Parmar, who argued that Patel's acquisition of UK citizenship and Overseas Citizen of India (OCI) status disqualified him under legal provisions. Specifically, Parmar cited Section 24(1)(a) of the Advocates Act, 1961, which mandates Indian citizenship for enrolment as an advocate, and election-related rules governing voter and candidate eligibility.
The committee upheld this objection, relying on key documents. It referenced the ministry of home affairs' 2021 OCI notification, which states that an OCI cardholder is considered a foreign national and not an Indian citizen. Additionally, Bar Council of India rules were cited, which restrict foreign nationals from holding Bar Council membership and participating in elections.
Committee's Order and Implications
In its formal order, the committee stated, "It is hereby declared that Shree Chelabhai Karsanbhai Patel, who has accepted foreign citizenship, cannot contest the current election for the post of member, Bar Council of Gujarat. His nomination shall stand rejected, and his name shall be deleted from the final list of contesting candidates for the said election."
This ruling sets a clear precedent for future Bar Council elections in Gujarat, emphasizing the strict adherence to citizenship requirements. It underscores the legal framework that prioritizes Indian nationality for roles in professional regulatory bodies, ensuring compliance with national laws and election integrity.
The decision highlights the ongoing scrutiny of candidate eligibility in legal elections, reinforcing the importance of citizenship status in professional governance. It may prompt similar reviews in other state bar councils, potentially affecting candidates with dual citizenship or OCI status across India.
