Mention Qualification Criteria for Candidates Standing for State Bar Council Elections: Madras HC uphelds Resolution passed by BCTN

Published on 06 Feb 2018 by Tushar

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Image Courtesy: TheIndianExpress

The Madras High Court has upheld a resolution passed recently by the Special Committee of the Bar Council of Tamil Nadu and Puducherry (BCTN), proposing to introduce qualification criteria for candidates standing for State Bar Council elections.

Following extensive arguments made by various counsel, the primary question left for the Bench to consider was regarding the scope of powers conferred on the State Bar Council to frame rules under the Advocates Act, 1961 (‘Act’) and the Rules made thereunder.

In the order passed today, the First Bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose found that the powers of the State Bar Council to frame rules with respect to the conduct of the State Bar Council elections runs concurrently with those conferred on the Bar Council of India (BCI) under Section 15 of the Advocate’s Act. Reliance was also placed on Sections 6(1)(g), 49(1)(a) and (ab) of the Act, as well as Chapter II of Part III of the Bar Council Rules.

Source: Barandbench


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