Madras HC upholds Bar Council rules for candidates

The first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose, passing orders after hearing extensive arguments on the scope of powers conferred on BCTN to frame rules under the Advocates Act, 1961, said, “The specific rules including ten or more years of continuous legal practice to stand for elections, disqualification of those with political affiliations and criminal antecedents etc, were not arbitrary.” 

However, the bench made it clear that the Rules would only take effect if the BCI approves the same. Consequently, the court allowed those advocates who have less than 10 years experience to file nominations for the upcoming elections, without prejudice to the consequences that may follow the BCI’s approval of the Amendment Rules later. 

The bench also held that there were no rules framed by the BCI about eligibility criteria/ qualification or disqualification to stand for Bar Council elections. The Court admitted that the BCI Rules would have prevailed, had there been any on the subject.