Advocates act
Raja
(Querist) 03 January 2013
This query is : Resolved
After notification of Sec.30 wef 15/06/2011, can a member of a State High Court Bar Association become a member of another State High Court Bar Association? For example a member of HC_Bombay can take a membership of HC_Madras ? Experts opinion solicited.
Raj Kumar Makkad
(Expert) 03 January 2013
As already discussed with you, even after issuance of notification, the matter is still pending for adjudication on the part of BCI. its final verdict is awaited.
Raja
(Querist) 04 January 2013
any notification or circulation etc. in this regard ?
Raj Kumar Makkad
(Expert) 04 January 2013
No counter notification is in operation but practically BCI is reluctant to operate it.
Raja
(Querist) 06 January 2013
any other answer from the ld. experts and members ?
Guest
(Expert) 06 January 2013
Dear Shri Raja & other community members,
My views are as follows:
The irony of fate is that the Act stands amended with effect from 31.01.1974, but the rules of practice have not so far been changed for the last 38 years.
In view of the amended section 30 of the Advocates Act, the rules of individual State Bar Associations, which do not allow other state Bar's members, have become outdated and need to be amended without any delay.
A point of commonsense arises, when the Bar Associations have failed to modify their own rules in compliance with the provisions of law, how a common man can expect its members to follow the legal requirements in its right perspective?
If the office bearers of Bar Associations don't take any initiative at their own, the members of respective bar association need to take initiative to compel bar associations to amend their rules to follow the provisions of sec.30 in true sense.
If no initiative is taken by respective Bars or its members, the day will not be far off when even some of your own community bretheren would come forward to challenge the rules of state bar associations to be violative of Monopolies & Restrictive Trade Practices Act. If that happens, that would be a big blot and insult on the legal communities that would appear as to have flouted the law by even the law implementing machinery.
So, either there should be common All India rules to be followed by all the Bar Associations, or State Bar Associations should themselves allow multi Bar membership to the advocates of any state, or amend their own rules promptly in compliance with the provision of the Advocates Act, specifically the sec.30.
Raj Kumar Makkad
(Expert) 06 January 2013
Bar Councils are holding with them the Danda of discipline forcing its members to follow its rules otherwise they take no minute to impose section 35 of Advocates Act and many much members are already facing such action in the hands of such councils. Govt. should evolve a policy with BCI so that the change according to the amended provision may be folet all over India.
Guest
(Expert) 06 January 2013
With reference to the latest post of respected Shri Raj Kumar Makkad, I would like to ask four vital questions in that respect:
1) Are the Bar councils the monoplies in the hands of just a few/handful of executives, which are considered to be the elected representatives of the advocates only?
2) Can any Bar Council say that they won't abide by the provisions of the Advocates Act?
3) Can the Bar Council state the reason in the disciplinary case against any advocate that he acted in an indisciplined manner by requesting the Bar Council to amend its Rules as per the provisions of sec.30 of the Act?
4) If eventuality of any one of the above mentioned queries is in affirmative, then on what basis the election of Bar council chairman & vice-chairman of the Bar Council of Tamil Nadu and Puducherry with about 40,000 advocates could be stalled through court of law in 2011, as reported in Times of India?
Definitely that would have happened only taking up of the case only by some advocates of TN & Puducherry. Members may perhaps like to see the news item of Times of India at the following link:
http://articles.timesofindia.indiatimes.com/2011-04-21/chennai/29458720_1_bar-council-election-commissioner-justice-ramasubramanian
Raja
(Querist) 23 January 2013
I shall thank Respected Mr Dhingra for adding valuable notes.
