Supreme Court Rejects OCI Cardholder's Plea To Contest Bar Council Elections

The Supreme Court yesterday rejected the plea of an Overseas Citizen of India (OCI) to contest the Bar Council elections.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi rejected the argument of the petitioner that as an OCI cardholder, he is entitled to be treated as a Non-Resident Indian (NRI), and hence he was eligible to contest Bar Council elections.

The bench was hearing a writ petition filed by one Chelabhai Karsanbhai Patel, who was not permitted to file a nomination to contest for the Gujarat State Bar Council election on the ground that he was not an Indian citizen.

The High Powered Election Supervisory Committee, as well as the High Powered Election Committee, had rejected his nomination. Challenging these orders, he approached the Supreme Court under Article 32 of the Constitution.

The petitioner argued that the 2025 BCI Rules barring foreign nationals from practice cannot be applied to a person who has roots in India. He argued that these rules do not make any reference to an OCI cardholder.

However, the bench pointed out that, as per the Citizenship Act, the petitioner is a foreign citizen, though he may be a person of Indian origin.

The petitioner then cited a notification by the Ministry of Home Affairs allowing OCI cardholders to be treated at par with NRIs. The bench pointed out that the said notification was issued for a specific purpose, and cannot be blankly applied in all contexts.

Justice Bagchi specifically referred to Section 24 of the Advocates Act, which states that only an Indian citizen can be a member of a Bar Council. Unless the provision is amended, the petitioner cannot seek relief citing a notification.

Case : CHELABHAI KARSANBHAI PATEL v. HIGH POWERED ELECTION SUPERVISORY COMMITTEE and others |WP(c) 241/2026