State bar councils have the power to frame rules: Madras High Court

The Madras High Court today made it clear that state bar councils have the power to frame rules, subject to the condition that these are to have effect only on approval by the Bar Council of India.

The court made the observation while rejecting the contention of a special committee, appointed on its orders, to conduct elections to Bar Council of Tamil Nadu and Puducherry, that there was no need for Bar Council of India (BCI) approval for an amendment by the state body.

Advocate G Selvakumar had challenged the January 24 resolution passed by the committee, constituted by the BCI, amending a rule, restricting the eligibility criteria to contest in the elections to Bar Council of Tamil Nadu and Puducherry.

The amendment said only lawyers who have practised continuously for 10 years are entitled to contest.

The petitioner sought to quash it and also a direction to conduct the elections according to the provision of the Advocates’ Act, 1961.

The first bench, comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose, said that considering the immense responsibility on bar councils to maintain highest standards of discipline, integrity and even their role in law reforms, it was necessary that members collectively have some experience.

“Therefore, a …read more