The Supreme Court has rejected a plea filed by an Overseas Citizen of India (OCI) who wanted to contest the elections to the Bar Council.

A bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymala Bagchi and Justice Vipul Pancholi dismissed the petition. The petitioner argued that as an OCI cardholder, he should be treated as a Non-Resident Indian (NRI) and therefore be allowed to contest Bar Council elections.

Background of the case:

The case was filed by Chelabhai Karsanbhai Patel, who had been prevented from filing his nomination for the Gujarat State Bar Council election because he is not an Indian citizen. The Court declined to grant him relief.

The Petitioner approached the Supreme Court under Article 32 of the Indian Constitution after both the High Powered Election Supervisory Committee, as well as the High Powered Election Committee rejected his nomination.

He argued that the 2025 Bar Council of India (BCI) Rules, which bar foreign nationals from practising law in India, should not be applied to someone who has roots in India. He also submitted that the rules do not contain any specific provision or reference dealing with OCI cardholders.

Court: OCI Holder Is Foreign Citizen

However, the bench pointed out that even though the petitioner is a person of Indian origin, he is legally a foreign citizen under the Citizenship Act.

The petitioner relied on a notification issued by the Ministry of Home Affairs, which allows OCI cardholders to be treated at par with Non-Resident Indians (NRIs).

Section 24 of Advocates Act Explained:

The bench clarified that this notification was issued for a specific purpose and cannot be applied generally in every situation. Justice Joymala Bagchi referred to Section 24 of the Advocates Act, which clearly states that only an Indian citizen can be a member of a Bar Council.

The Court said that unless this provision is amended, the petitioner cannot claim relief based only on a notification.

Case Details: Chelabhai Karsanbhai Patel vs High Powered Election Supervisory Committee and Ors (WP (C) 241/2026)