INDIAN COUNCIL OF LEGAL AID AND ADVICE, ETC. ETC. versus BAR COUNCIL OF INDIA AND ANR.

INDIAN COUNCIL OF LEGAL AID AND ADVICE, ETC. ETC. versus BAR COUNCIL OF INDIA AND ANR.

Rule 9 barring enrolment of persons above 45 years is ultra vires the Advocates Act, 1961, and violates Article 14 of the Constitution as it is discriminatory, arbitrary, unreasonable, and beyond the rule-making powers of the Bar Council of India.

Parties
Petitioner: Indian Council of Legal Aid and Advice, etc. etc.; Respondent: Bar Council of India and another
Jurisdiction
India
Judgment Date
17 January 1995
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petitions allowed; Rule 9 struck down as ultra vires and unconstitutional
Legal Topics
Validity of Bar Council Rules, Age Restriction for Enrolment as Advocate, Equality Under Article 14
Constitutional Law Professional Regulation Validity of Bar Council Rules Age Restriction for Enrolment as Advocate Equality Under Article 14

Case Brief

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Parties

Indian Council of Legal Aid and Advice, etc. etc.

Petitioner

Bar Council of India and another

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether Rule 9 of Bar Council of India Rules barring entry of persons who completed 45 years of age for enrolment as advocate is valid
  2. 2 Whether Bar Council of India has power under the Advocates Act, 1961 to make such a rule
  3. 3 Whether Rule 9 is discriminatory and violates Article 14 of the Constitution

Ratio Decidendi

Rule 9 barring enrolment of persons above 45 years is ultra vires the Advocates Act, 1961, and violates Article 14 of the Constitution as it is discriminatory, arbitrary, unreasonable, and beyond the rule-making powers of the Bar Council of India.

Court Disposition

Petitions allowed; Rule 9 struck down as ultra vires and unconstitutional

Orders

  • Rule 9 in Chapter III of Part VI of the Bar Council of India Rules is struck down as ultra vires the Act and opposed to Article 14 of the Constitution.
  • Bar Council of India and State Bar Councils are directed not to implement Rule 9.