Division Bench expresses concern over reform of leal profession
Express News Service
Chandigarh, September 03: “Should advocates be made to appear for a Bar examination before they are granted licence to appear in a trial court or High Court?” the significant question was raised today during the resumed hearing of the petition challenging the rule that bars the entry of persons above the age of 45 years from getting enrolled as advocates in the Bar.
Meanwhile, the Bar Council of Punjab and Haryana yet again faced the wrath of the High Court for framing such a rule. Prima facie, it appears that the motive behind framing such a rule is ulterior, the Court observed. Expressing disapproval, the Bench further observed that the Bar Council should do something constructive to improve the state of the profession rather than putting barriers. “Once you become an advocate, it does not mean that you should stop others from coming into this profession. This type of attitude needs to be changed,” the Court observed.
The Bench further questioned the Bar’s counsel that as per rule, would the council allow Judges to enter the profession after their retirement? “According to this rule, Judges of High Court or Supreme Court, despite deciding countless cases and serving so many years, will not be allowed to enter the council. How ridiculous is this!” the Court remarked.
The Court put the very basis of framing the rule under question. Advocates are upholders of democracy. Framing such rules clearly shows how democratic our Bar is. The petitioner also argued that despite being unreasonable, the Bar Council has framed the rule beyond its rule making power. “This is a classic example of excessive exercise of delegated powers,” the petitioner argued.
THE NEW INDIAN EXPRESS