Extract
Indian Council Of Legal Aid & Advice, Etc. Etc. VS. Bar Council Of India & Anr.
PETITIONER: INDIAN COUNCIL OF LEGAL AID & ADVICE, ETC. ETC.Vs.RESPONDENT: BAR COUNCIL OF INDIA & ANR.DATE OF JUDGMENT17/01/1995BENCH: AHMADI A.M. (CJ)BENCH: AHMADI A.M. (CJ)MOHAN, S. (J)PARIPOORNAN, K.S.(J)CITATION: 1995 AIR 691 1995 SCC (1) 732JT 1995 (1) 423 1995 SCALE (1)181ACT: JUDGMENT: 1. The Bar council of India by Resolution No.64/93 dated 22nd August, 1993 added Rule 9 in Chapter III of part VI of the Bar Council of India Rules which resolution was gazetted on 25th September, 1993. The said newly added rule reads as under"A. person who has completed the age of 45 years on the date on which he submits his application for his enrollment as an advocate to the State Bar Council shall not be enrolled as an advocate." All the State Bar Councils in the country were duly informed about the insertion of the said rule. The legality and validity of the rule is questioned in this batch of petitions as inconsistent with Articles 14, 19(1) (g) and 21 of the Constitution and Section 24 of the Advocates Act, 1961, hereinafter called 'the Act.'2. The Act came into force with effect from 19th May, 1961. The dictionary of the Act is to be found in Section 2, clause (a) whereof defines an Advocate as a person entered in any roll under the provisions of the Act as such and the term ' roll' according to clause (k) means a roll of advocates prepared and maintained under the Act. Section 3 provides that there shall be a Bar Council for each of the States to be known as the Bar Council of that State.Section 4 next provides for a Bar Council for the territories to which the Act extends to known as the Bar Counc...
See the full content of this document