Functional independence of bar councils ‘at stake’
Mr A. Narasimha Reddy, president of the Bar Council for AP and Telangana stated, said that the proposed Advocates (Amendment) Bill, 2017 takes away the independence of advocates as well as functional independence of Bar Councils as it proposes the nomination of 50 per cent members from the field of commerce, accountancy, medical science, social science.
He said these members would be nominated by the Supreme Cour to the Bar Council of India and by the High Courts to the Bar Councils in states.
He felt that the Law Commission has attempted to demolish altogether the concept of democracy, elections and the independence and autonomy of the institution of lawyers.
He said that the Law Commission had conducted a round table conference before finalising the draft Bill, where Bar Council members and presidents from state Bar Councils raised their point wise objections, and the Bar Council of India also constituted an advisory council with retired judges of the Supreme Court and made suggestions to the Law Commission for changes in the Bill.
He said, “it is unfortunate that Law Commission not even looked into any of our suggestions.”
He said the Centre and the Law Commission have to consult the state Bar Councils and Bar Council of India before presenting the Bill in Parliament in view of the increasing resentment among the advocate fraternity against the Bill.
Mr N. Ramachandra Rao, member of the Bar Council of India and BJP MLC, said that, “The Bill is draconian, undemocratic and ex-facie affects the independency of the Bar. It is unacceptable. The Commission prepared the Bill without applying its mind by rejecting the suggestions made by Bar Councils across the states in the country.”
The word “misconduct” had never been defined by the Bar Council of India or by the Advocates Act, 1961; misconduct was defined only in the Rules of the Bar Council of India MANAN KUMAR
MISHRA, Chairman Bar Council of India The Law Commission has attempted to demolish altogether the concept of democracy, elections and the independence and autonomy of the institution of lawyers. — A. NARASIMHA REDDY president of the Bar Council for AP and Telangana