New Delhi · Supreme Court filings · Dispute resolution & advisory 011-45036954[email protected]

Op-Ed · SCC Times · 29 September 2026

A Lifelong Ban for a Five-Year Tenure: The Constitutional Infirmity of Rule 7, BCI Rules and Rule 16(2), Tribunal Reforms Rules, 2021

Rule 7 of the Bar Council of India Rules and Rule 16(2) of the Tribunal Reforms Rules, 2021 bar former members of the NCLT and NCLAT from practising before any Bench of those tribunals, anywhere in India, for life. This article examines whether that restriction can survive constitutional scrutiny.

It argues that the rules invert the constitutional hierarchy: a former permanent High Court Judge is restricted only before their own High Court under Article 220, and a short-tenure Additional Judge faces no restriction at all, while a tribunal member who served four or five years is barred nationwide. The article tests the rules against Article 14 (equality), Article 19(1)(g) (the right to practise a profession, applying the proportionality standard) and the limits of the Bar Council’s rule-making power under the Advocates Act, 1961.

It concludes by proposing a proportionate alternative: a cooling-off period of two to three years, limited to the Bench where the former member actually sat.

Originally published in SCC Times

This page is a summary. The full article, with citations, is available on SCC Times.

Read the full article on SCC Times ↗

About the author

V.P. Singh is a Partner at Revera Legal. He is a former Member of the National Company Law Tribunal and the National Company Law Appellate Tribunal, and a former District Judge, with over 35 years in judicial service and over 200 reported judgments.

View profile · LinkedIn ↗

Copyright in the full article rests with its author and publisher. This summary is for general information only and does not constitute legal advice.

Speak with the right partner.

Tell us about your matter and we will come back to you promptly.