7 years ago

SC seeks BCI response on practising lawyers in legislatures

New Delhi, March 12 The Supreme Court on Monday sought the Bar Council of India's response on a plea seeking to debar lawyers from practising during the period they are members of Parliament or state assemblies. Venugopal in the hearing of the plea by Upadhyay who has cited the Bar Council of India's Rules that bar lawyers from practising during the period they are members of Parliament or a state assembly. Rule 49 in Chapter VI of the Bar Council Rules say: "An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment." He had argued that the prevailing practice of legislators also appearing before the courts as lawyers is discriminatory to other public servants who are barred from simultaneously pursuing the legal profession and is violative of Article 14 of the Constitution guaranteeing equality before law.

Constitution Court Bar Parliament Upadhyay Bci Sc Seeks Practising bar sought lawyers response parliament public practising upadhyay legislatures court legislators sc seeks plea bci justice

History of this topic

1 day, 17 hours ago

Legal Education Rules Framed By BCI Not In Consonance With Advocates Act: Law College Tells Bombay High Court In Plea Opposing Inspection

Live Law

The Bombay High Court on Monday, reserved its judgment in a petition filed by a law school against an inspection notice issued by the Bar Council of India. The petition filed in 2019 by Nathibai Damodar Thackersey Women's University Law School challenged the notice issued by the BCI for inspection of the college. The petitioner argued that the Legal Education …

2 weeks, 2 days ago

'Make Your House In Order': Madhya Pradesh HC Deprecates BCI For Granting Retrospective Recognition To Certain Colleges After 20 Yrs

Live Law

The Madhya Pradesh High Court has deprecated the practice of Bar Council of India in granting recognition to certain colleges even after 20 years, with retrospective effect. A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “It is brought to the notice of this Court that in some cases the recognition has been given by …

2 weeks, 4 days ago

Madras High Court orders CB-CID inquiry against woman lawyer

The Hindu

Shocked by serious allegations of professional misconduct against a 26-year-old woman advocate in a case involving crores of rupees, the Madras High Court has ordered a Crime Branch-Criminal Investigation Department probe to uncover the truth. Justice A.D. Jagadish Chandira directed the CB-CID to find out whether JMI Law Associates, a firm run by Jamal Mohammed Ibrahim, a non-lawyer, in association …

2 weeks, 5 days ago

Advocates Act | BCI Cannot Entertain Appeal Against Order Of State Bar Council's Disciplinary Committee When Probe Is Pending: Punjab & Haryana HC

Live Law

The Punjab & Haryana High Court has made it clear that Bar Council Of India cannot entertain appeal from interim order of the State Bar Council's disciplinary committee when the probe is pending and no punishment is imposed. Perusing Section 37 of the Advocate's Act, the Court noted that any person aggrieved by an order of the Disciplinary Committee of …

3 weeks ago

Plea In Karnataka High Court Seeks Fresh Elections To State Bar Council, Says Extension By BCI After 5-Yr Tenure Ended In June 2023 Invalid

Live Law

A petition has been filed in the Karnataka High Court seeking a direction to the Bar Council of India, to dissolve the present office of the Karnataka State Bar Council which has completed its statutory tenure of 5 years in June 2023. List the matter on Tuesday for further hearing.” As per the petition the current office bearers of the …

1 month ago

Advocate Moves Allahabad HC Seeking ₹1 Crore Fees From Law Ministry For Filing Cases To 'Save Ex-CJI From Humiliation, Removal'

Live Law

A Lucknow-based lawyer has approached the Allahabad High Court seeking a direction to the Union Ministry of Law and Justice to pay him Rs. 1 crore as fees and expenses, claiming that he filed certain cases in the Supreme Court to save the then Chief Justice of India, Justice Dipak Misra, from "humiliation, insult, torture, and removal." Although the petitioner-Pandey …

1 month ago

Plea Challenging AIBE Fees : Supreme Court Asks Petitioner To First File Representation Before Bar Council Of India

Live Law

The Supreme Court today heard a petition filed by Advocate, appearing as petitioner-in-person, challenging the fees and other incidental charges of the All India Bar Examination. As per the petitioner, the Bar Council of India charges Rs.3,500 for the AIBE which in violation of the Supreme Court's judgment in Gaurav Kumar v. UOI.In Gaurav Kumar's judgment,. As per the petitioner, …

Advocates Amendment Bill To Be Revised Based On Feedback Received : Union Law Ministry; BCI Welcomes Move

Trending News

1 month ago

Advocates Amendment Bill To Be Revised Based On Feedback Received : Union Law Ministry; BCI Welcomes Move

Live Law

In a recent move, the Union Ministry of Law and Justice has announced that the Advocates Bill, 2025, which was made available for public consultation on February 13, 2025, will now be revised based on the feedback it has received. Considering the number of suggestions and concerns received, the Ministry has now decided to conclude the consultation process and it …

1 month ago

Bar Council of India has mandated criminal background checks on law students by universities: BCI Vice Chairman

The Hindu

The Bar Council of India is in a pro-active mode to address the concerns about about any criminal antecedents of practicing and prospective lawyers. That’s why the Bar Council issued circulars in September 2024 making it mandatory for law students to declare their criminal antecedents, if any, while making the concerned legal education institutions equally accountable to check the background …

1 month, 1 week ago

Announce poll schedule for polls or face contempt: HC to BCI

Deccan Chronicle

Hyderabad: The Telangana High Court on Wednesday pulled up the Bar Council of India for its silence on conducting elections to the Bar Council of Telangana and delay in issuing the election schedule. Justice B. Vijaysen Reddy cautioned the BCI not to put itself in an embarrassing situation where it has to face contempt proceedings for not complying with court …

1 month, 1 week ago

'Undermines Autonomy & Independence Of Bar' : Bar Council Of India Objects To Draft Advocates Amendment Bill

Live Law

The Bar Council of India today filed objections to the Draft Advocates Bill, 2025, which was made public on February 13 for inviting comments. 6 Definition of "Legal Practitioner" - An Arbitrary Change The Bar Council of India had proposed a clear and comprehensive definition of "Legal Practitioner" under Section 2 to ensure that individuals and entities practicing law in …

1 month, 1 week ago

'Won't Permit Bar To Be Divided On Caste/Religion Lines': Supreme Court In Plea For SC/ST/OBC Reservation In Bengaluru Advocates' Assn

Live Law

Dealing with pleas seeking reservation in the Advocates' Association, Bengaluru for lawyers belonging to Scheduled Castes/Scheduled Tribes and backward communities, the Supreme Court today expressed that it will neither permit Bar members to be divided on caste/religion lines nor let the issue be politicized. "This will open Pandora's box.We will go into this question in another petition pending before us …

Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC

Trending News

1 month, 3 weeks ago

Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC

Live Law

The Punjab & Haryana High Court has made it clear that under the Advocates Act, the State Bar Council must have “reason to believe” that an advocate against whom a complaint is made is guilty of professional or other misconduct before issuing notice to him.According to Section 35 of the Advocates Act, where on receipt of a complaint or otherwise. …

2 months ago

Special court issues notice to Karnataka CM in defamation case

New Indian Express

BENGALURU: A special court in the city issued a notice to Chief Minister Siddaramaiah on Saturday on a private complaint filed by an activist on charges of defamatory statements against him. Abraham filed the complaint for the offence punishable under Section 356 of BNSS, 2023, against Siddaramaiah, who allegedly made a defamatory statement against him after the Governor Thawaarchand Gehlot …

2 months ago

Bombay High Court Pulls Up BCI, BCMG For Suspending Female Lawyer's Licence Without Following Principles Of Natural Justice

Live Law

The Bombay High Court recently stayed an order passed by the Bar Council of India by which it had suspended the licence of a Mumbai-based female advocate over a complaint by few members of the Advocate Association of Western India A division bench of Justices Girish Kulkarni and Advait Sethna questioned the manner in which both the BCI and the …

2 months, 1 week ago

Supreme Court Rejects Plea To Disqualify BCI Chairman Manan Kr Mishra From Rajya Sabha

Live Law

The Supreme Court today rejected a challenge to the Delhi High Court's dismissal of a plea seeking to disqualify Bar Council of India Chairman Manan Kumar Mishra from Rajya Sabha.A bench of Justices Surya Kant and N Kotiswar Singh passed the order, finding no grounds to interfere with the order of the High Court, except to the extent of imposition …

3 months, 1 week ago

SC questions woman lawyer seeking bar reservation

Hindustan Times

The Supreme Court on Monday raised eyebrows over a woman lawyer engaging a male advocate to argue her petition for a 33% reservation for women in Gujarat bar associations. A bench of justices Surya Kant and Ujjal Bhuyan questioned why the petitioner, advocate Meena A Jagtap, chose to “ride on the shoulder” of a male lawyer rather than arguing the …

3 months, 2 weeks ago

'No Stay On Bar Association Elections', Supreme Court Reiterates; Asks DHCBA To Resolve Issue Of Women Reservation Amicably By Next Week

Live Law

Hearing the pleas seeking reservation for women lawyers in Delhi Bar bodies, the Supreme Court today reiterated that no stay has been imposed on the elections of Bar Associations across the country. In the context of Delhi High Court Bar Association, the Court asked DHCBA President Mohit Mathur to see that the issue of women reservation is resolved "immediately and …

3 months, 2 weeks ago

Andhra Pradesh HC Seeks Stand Of State Bar Body, BCI In Plea Against "Exorbitant Fee" Of ₹500 For Verifying Certificate Of Practice

Live Law

The Andhra Pradesh High Court on Tuesday sought the stand of the Bar Council of India as well as State Bar Council in Kurnool Bar Association's plea challenging the state bar body's circular mandating payment of an "exorbitant fee of Rs 500" for verification/renewal of Certificate of Practice. The petitioner bar association has contended that following the corresponding notice issued …

3 months, 2 weeks ago

Delhi High Court Stays BCI's Decision Removing AAP's Legal-Chief Sanjeev Nasiar As BCD Vice Chairman

Live Law

The Delhi High Court has stayed the decision of Bar Council of India removing Advocate Sanjeev Nasiar from the post of Bar Council of Delhi Vice Chairman, pending completion of an inquiry into authenticity of his law degree.Justice Sanjeev Narula passed the order on a plea filed by Nasiar challenging BCI's resolution passed on December 7 and listed the matter …

3 months, 2 weeks ago

AAP legal cell chief challenges BCI ouster in Delhi HC

New Indian Express

NEW DELHI: The controversy surrounding Advocate Sanjeev Nasiar, AAP Legal Cell chief and former vice chairman of the Bar Council of Delhi, escalated on Monday as he moved the HC challenging his removal by Bar Council of India. Nasiar’s petition, filed through Senior Advocate Ramesh Gupta, was urgently mentioned before a bench led by Acting Chief Justice Vibhu Bakhru. In …

3 months, 2 weeks ago

HC stays BCI decision removing AAP legal chief as vice-chairman of Bar Council of Delhi

The Hindu

The Delhi High Court on Monday stayed a resolution of the Bar Council of India removing advocate Sanjeev Nasiar, the president of Aam Aadmi Party’s legal cell, from the post of Bar Council of Delhi’s vice-chairman, pending the completion of an inquiry into the authenticity of his law degree. The court passed the interim order on a petition by Mr. …

3 months, 2 weeks ago

BCI Suspends Bar Council Of Delhi Vice Chairman Over Alleged Fake LL.B. Degree, Resolves To Refer Probe To CBI

Live Law

The Bar Council of India on Saturday resolved to refer alleged irregularities in the LL.B. degree of Sanjeev Nasiar, Vice-Chairman of the Bar Council of Delhi, to the CBI for investigation. “The report dated 25.10.2024 of the Sub-Committee regarding enquiry of the LL.B Degree of Mr. Sanjeev Nasiar is hereby adopted. Pending the outcome of the investigation, Mr. Sanjeev Nasiar …

3 months, 2 weeks ago

BCI Suspends Bar Council Of Delhi Vice Chairman Over Alleged Fake LL.B. Degree, Resolves To Refer Probe To CBI

Live Law

4 months, 1 week ago

Madras HC suggests BCI to frame guidelines for advocates in matrimonial cases

New Indian Express

MADURAI: The Madurai Bench of the Madras High Court recently suggested the Bar Council of India to frame guidelines for advocates to follow while resolving matrimonial disputes. A bench comprising Justices V Bhavani Subbaroyan and KK Ramakrishnan made the suggestion while dismissing an appeal filed by a woman to set aside an order passed by the Family Court in Madurai …

4 months, 2 weeks ago

Supreme Court Disposes Of Petition Challenging Enrolment Fees Of UP Bar Council In Light Of Its Recent Decision

Live Law

The Supreme Court today disposed of a petition filed by a law graduate, challenging the enrollment fee charged by the Uttar Pradesh State Bar Council, in light of its July 30, 2024 decision wherein it was observed that the enrolment fee cannot exceed Rs.750 for advocates belonging to the general category and Rs.125 for advocates belonging to SC/ST categories as …

6 months, 1 week ago

AIBE : Supreme Court Seeks BCI's Response On Plea To Allow Final Year Law Students To Appear In All India Bar Exam

Live Law

The Supreme Court on Friday sought the response of the Bar Council of India on a petition challenging the BCI's decision to prevent final-year law students from appearing in the All India Bar Examination.The Bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was hearing a writ petition challenging the recent notification of Bar Council. The …

6 months, 3 weeks ago

The Hindu Morning Digest: September 5, 2024

The Hindu

Employ ex-servicemen, State security forces in high-risk areas of hospitals: Health Ministry The Union Health Ministry has suggested employing ex-servicemen as security personnel in hospital areas which have been identified as high-risk, as one of the measures to enhance safety and security for doctors and healthcare workers. Companies bought over by the Adani Group got ‘haircut’ of 96% to 42% …

7 months, 3 weeks ago

State bar councils cannot charge exorbitant fees for enrolling lawyers: SC

Hindustan Times

New Delhi, State bar councils cannot charge exorbitant fees for enrolling law graduates as lawyers as it perpetuates "systemic discrimination" against marginalised and economically weaker sections, the Supreme Court ruled on Tuesday. State bar councils cannot charge exorbitant fees for enrolling lawyers: SC Stating that "dignity is crucial to substantive equality", the bench observed that state bar councils and the …

8 months ago

Telangana HC Sets Deadline for BCI on Law College Admissions

Deccan Chronicle

Hyderabad: The Telangana High Court on Wednesday took on record an undertaking of the Bar Council of India that it would ensure listing of all eligible colleges to make admissions to law courses in the state by August 4. The panel comprising Chief Justice Alok Aradhe and Justice J Anil Kumar is hearing a PIL filed by A. Bhasker Reddy. …

9 months, 3 weeks ago

BCI Mandates Immediate Implementation Of New Legal Education Guidelines, Including Mediation And New Criminal Laws From 2024-25 Onwards

Live Law

The Bar Council of India has issued a circular instructing centers of legal education nationwide to promptly implement its various guidelines, including making mediation a compulsory subject. The circular has been issued in response to Prime Minister Narendra Modi's "transformative vision" for legal education and the shared enthusiasm of the judiciary and the government for incorporating new subjects into legal …

10 months, 2 weeks ago

Provide Current Status Of Affiliation Of Law Universities/Colleges On Website: Karnataka High Court To BCI

Live Law

The Karnataka High Court has directed the Bar Council of India, to provide details regarding the current status of affiliation of universities, college names etc on its website. A single judge bench of Justice Suraj Govindaraj said “The Bar Council of India is directed to add the following columns, the date on which an application for extension of affiliation is …

11 months ago

Can State Bar Councils Collect More Than Rs 600 As Enrollment Fee? Supreme Court Reserves Judgment

Live Law

The Supreme Court on Monday reserved judgment on a batch of petitions challenging the enrollment fees charged by different State Bar Councils as exorbitant.A bench comprising Chief Justice of India DY Chandracuhd and Justice JB Pardiwala heard the matter. The Supreme Court on Monday reserved judgment on a batch of petitions challenging the enrollment fees charged by different State Bar …

11 months, 1 week ago

Bar Council urges higher education institutes, state governments to uphold sanctity of legal education

Hindustan Times

The Bar Council of India has issued a circular to the vice-chancellors and departments of higher education across the country to help the top lawyers' body in its "endeavour to uphold the sanctity and quality" of legal education. The Bar Council of India has urged all state governments and universities to help the top lawyers' body in its "endeavour to …

11 months, 2 weeks ago

Supreme Court Transfers To Itself Petition Challenging BCI's Election Code Of Conduct Rules 2023 Before Karnataka High Court

Live Law

The Supreme Court on Monday transferred to itself a pending petition before the Karnataka High Court challenging the Bar Council Of India Rules 2023 on grounds that similar cases with identical issues of conducting free and fair state bar. The Supreme Court on Monday transferred to itself a pending petition before the Karnataka High Court challenging the Bar Council Of …

1 year ago

BCI Issues Show Cause Notice Of Suspension To Ghaziabad Bar Association's President Over Attack On Sr Adv Gaurav Bhatia

Live Law

The Bar Council of India has issued show cause notices to the President and General Secretary of the Ghaziabad Bar Association for the alleged attack on senior advocate Gaurav Bhatia, during lawyers strike at the Guatam Budh Nagar District & Sessions Court yesterday. BCI has asked the Bar Association's President and the General Secretary to explain by March 27, why …

1 year, 2 months ago

Bar Council Of India Issues Urgent Notice To Advocates On Declaration Of Existence In Profession

Live Law

The Bar Council of India has issued an urgent notice regarding Advocates Declaration of Existence in Profession - Bar Council of India Certificate and Place of Practise Rules, 2015. The Notice has been issued by BCI in light of recent concerns/apprehensions surrounding misinformation and improper notifications, by State Bar Councils/Members of State Bar Councils/Advocates in their individual capacity. it is …

1 year, 6 months ago

Supreme Court Upholds Disciplinary Action Against Advocate Who Was Running Taxi Service

Live Law

The Supreme Court recently upheld the disciplinary action taken by the Bar Council of India against an advocate who was running a taxi service. The Disciplinary Committee of the Bar Council found that the appellant was having a business of running taxi service….The findings of the Disciplinary Committee of the Bar Council are based on documentary evidence. Therefore, we find …

1 year, 8 months ago

‘SC Advocates-on-Records Being Used Like Postmen’: Supreme Court Seeks Views Of SCBA, SCAORA & BCI To Deal With Misconduct Of AoRs

Live Law

Advocates-on-Record in the top court are being used like postmen, Supreme Court judge BR Gavai remarked on Friday, during contempt proceedings against two advocates. A bench of Justices BR Gavai and JB Pardiwala was hearing a suo motu contempt petition initiated against an Advocate and an Advoctae-on-record over the derogatory averments made in a special leave petition against a Karnataka …

1 year, 8 months ago

All India Lawyers Association For Justice Urges BCI To Limit Enrolment Fees To Rs 750 Until Courts Take Final Decision

Live Law

The All India Lawyers' Association for Justice has written a letter to the Bar Council of India and Bar Council of Delhi, urging them to promptly take measures to ensure that all State Bar Councils limit the enrollment fees to Rs. AILAJ said exorbitant enrolment fees being charged by various State Bar Councils acts as a hurdle for students from …

1 year, 9 months ago

Delhi High Court Quashes BCI's Decision Refusing Enrolment To South Korean Citizen As Advocate With BCD, Orders Processing Of Application

Live Law

The Delhi High Court on Tuesday quashed the Bar Council of India’s decision refusing to consider a South Korean citizen as eligible for enrolment as an advocate with Bar Council of Delhi. "While the proviso to Section 24 of the Act permits nationals of other countries to be enrolled as advocates on a State roll if their country of origin …

1 year, 10 months ago

Domicile Not A Condition For Enrolment With State Bar Council, Only Bar Council Of Delhi Insisting For It: BCI To Delhi High Court

Live Law

The Bar Council of India has told the Delhi High Court that domicile of a law graduate is not a condition for enrolment with a State Bar Council as per law and that no other State Bar Council except Bar Council of Delhi has it as a requirement. “…the Bar Council of India vide email dated 10 May 2023 sent …

1 year, 10 months ago

Supreme Court Censures Bar Association For Passing Resolution Against Legal Aid Defence Counsel System; Summons Office Bearers

Live Law

The Supreme Court on Monday expressed its strong displeasure at a Bar Association for passing resolutions to obstruct the work of lawyers appointed as volunteers under the Legal Aid Defence System of the National Legal Services Authority. The bench, also comprising Justices PS Narsimha and JB Pardiwala, was hearing a petition seeking contempt action against Bar Association of Bharatpur for …

1 year, 10 months ago

SCBA terms Bar Council of India resolution on same-sex marriage "highly inappropriate"

The Hindu

The Supreme Court Bar Association has condemned a resolution passed by the Bar Council of India which said the apex court should desist from hearing the pleas seeking legalisation of same-sex marriage, terming it "highly inappropriate." In a resolution adopted on April 23, the BCI had expressed its concern over the same-sex marriage issue being heard in the Supreme Court, …

1 year, 10 months ago

‘Highly inappropriate’: SCBA condemns BCI resolution on same-sex marriage

Live Mint

The Supreme Court Bar Association on Friday passed a resolution wherein they have condemned the statements of the Bar Council of India in opposing legalisation of same sex marriage and the hearing and decision making process being held in Supreme Court of India. The SCBA in their resolution mentioned it was "highly inappropriate of Bar Council of India" to oppose …

1 year, 10 months ago

'Highly Inappropriate' : SCBA Criticises BCI For Opposing Same-Sex Marriage Case Hearing In Supreme Court

Live Law

In a significant development, the Supreme Court Bar Association has taken exception to the Bar Council of India opposing the hearing of the same-sex marriage case in the Supreme Court.A unanimous resolution passed by the Executive Committee of the SCBA criticised the BCI for making a public comment against the ongoing case before the Supreme Court. In a significant development, …

1 year, 11 months ago

Supreme Court seeks Bar Council of India’s reply on plea challenging ‘exorbitant’ enrolment fees for aspiring lawyers

The Hindu

The Supreme Court on April 10 sought a response from the Bar Council of India in a petition challenging the “exorbitant and oppressive” fees charged by State Bar Councils for “young and aspiring” lawyers to register with them as legal professionals. “Financially poor young lawyers find it difficult to pay the enrolment fee which run into thousands of Rupees,” Mr. …

1 year, 11 months ago

Will Soon Take Appropriate Decision: BCI To Punjab and Haryana High Court On Charging Of 'Exorbitant' Enrollment Fees By State Bar Councils

Live Law

The Bar Council of India has told the Punjab and Haryana High Court that it will soon take a decision on the issue of exorbitant enrollment fee being charged by the state bar councils. The submission was made before the bench of Chief Justice Ravi Shanker Jha and Justice Vikas Bahl during the hearing of a petition alleging that the …

2 years ago

Bar Council Of Delhi Forms Committee To Examine Foreign Lawyer Entry Rules, Questions BCI's ‘Real Intentions’

Live Law

The Bar Council of Delhi has formed a committee to examine the newly notified Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. According to the press release issued today, the Committee will examine the Rules in consultation with the Presidents or Secretaries of the Bar Associations and other stakeholders. …

2 years ago

DC Edit | Bold move on foreign lawyers

Deccan Chronicle

Globalisation has finally knocked down one of the last standing desi citadels when the Bar Council of India notified the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. The new rules, which have the backing of a 2018 Supreme Court order, allow foreign law firms to set up offices in India to practise …

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