AI Drafter 
TaxTMI 
TaxTMI 
2020 (3) TMI 1152
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....ocuments and only Enrollment Fees of Rs. 750.00 and no more as per Advocate's Act SECTION-24 provisions with immediate effect and without any further delay or ado on part of BCG or BCI under any false pretexts or excuses. (19) Further, grant the Petitioner in the same Writ, directing Bar Council of India and Bar Council of Gujarat to grant 'Right to Practice Law' and Certificate there-under as per effectively provisioned in The Advocate's Act S-30 to start Practice in Gujarat High Court for Constitutional Practice under Article [14], [19][1][g] and [21] without any delay post enrollment." 2. Subsequently, by way of amendment, the petitioner added paragraph 17A as an additional prayer. The same is reproduced below: "(17A) To declare the legality and validity of Rules 9 to 11 in Part-VI, Chapter-III of the Bar Council of India Rules-Conditions for right to Practice inserted by Resolution No.73/2010 passed by as ultra vires of S-24 and S-30 of the Advocates Act 1961 and Article 14, 19(1)(g) and 21 of constitution of India." Notices were issued. Affidavits have been filed in response. 3. We have heard the petitioner in person, Shri Mehul Sures....
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.... and similarly Laws can not override "Constitution of India" especially PART-III: Fundamental Rights as the way they are defined to be so and Supreme to any Authority defined under Article [12] - THAT IS ANY AUTHORITY WITHIN TERRITORY OF INDIA AND EVEN THE TERRITORIES ELSEWHERE UNDER THE CONTROL OF GOVERNMENT OF INDIA" which includes even private entities within aforementioned territory of India as long as acting with and as an authority besides Union Government, the Parliament and States' Governments and their legislatures, including The Executive including the President and State's Governors and the Judiciary, WHEN ACTING IN SUCH MANNER through myriad of Laws, Regulations, Rules, Bylaws and all their amendments inclusive and even the Entities having Customs having the 'Force of Law' which also covers Social structures. (14) The only Exception allowed to restrict the Part-III of Constitution of India as provided for therein under Article[33] is given to Parliament which may by law determine the extent to which any of the Rights conferred by PART-III shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of....
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....lates the Preamble as well as Article [14], [19] [1][g] and [21] of Constitution of India besides The Advocates Act S-30 as prescribed as is and declared to be so vide GR No.1139 attached herewith (Annexure "B")." 7. Both the respondents filed their affidavits. The petitioner has filed rejoinder in reply to the counter affidavits of the respondents. 8. At the outset, we may record that on a careful reading of the contents of the petition, we find that some wild allegations have been made. The petitioner although claims to be a Law Graduate but apparently having no experience of drafting a petition or arguing a matter has made all kinds of careless and wild allegations of which we are not taking note of but at times, it is difficult to understand as to what the petitioner wants to contend by way of the averments contained in the pleadings filed by him. What we could derive from the reading of the pleadings submitted by the petitioner and the submissions made by him are as follows: i) There is challenge to the All India Bar Examination; ii) The demand of any fee above and beyond Rs. 750/- for purposes of any enrollment and issue of Certificate of Right to Prac....
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....ion shall test advocates in such substantive and procedural law areas as the Bar Council of India may determine from time to time. (c) Such substantive/procedural law areas and syllabi shall be published by the Bar Council of India at least three months prior to the scheduled date of examination. (d) The percentage of marks required to pass the Bar Examination shall be determined by the Bar Council of India. (e) An unsuccessful advocate may appear again for the Bar Examination, without any limit on the number of appearances. (f) The Bar Council of India, through a committee of experts, shall determine the syllabus, recommended readings, appointment of paper setters, moderators, evaluators, model answers, examination hall rules and other related matters. (g) The Bar Council of India shall determine the manner and format of application for the examination. (h) Upon successfully passing the Bar Examination, the advocate shall be entitled to a Certificate of Practice. Application for Certificate of Practice 11. (1) The Certificate of Practice shall be issued by the Bar Council of India to the address of the success....
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....five-Judge Bench for consideration and determining of the following three questions:- (1) Whether Pre-enrollment training in terms of Bar Council of India Training Rules, 1995 framed under Section 24(3)(d) of the Advocates Act, 1961 could be validly prescribed by the Bar Council of India and if so whether the decision of this Court in Sudeer vs. Bar Council of India & Anr. [(1999) 3 SCC 176) requires reconsideration. (2) Whether a pre-enrollment examination can be prescribed by the Bar Council of India under the Advocates Act, 1961. (3) In case questions Nos.1 and 2 are answered in the negative whether a post-enrollment examination can be validly prescribed by the Bar Council of India in terms of Section 49(1)(ah) of the Advocates Act, 1961. Learned counsel for the parties shall now furnish additional sets of paper books within four weeks. The papers shall be placed before the Chief Justice of India for constituting an appropriate Bench. We request Mr.K.K.Venugopal, learned senior counsel to continue to render his valuable assistance to the Court when the matter comes up for hearing before the Constitution Bench of five Hon'ble Judge....
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....tamp duty and the enrollment fees are provided under Section 24(1) which is reproduced below: "24. Persons who may be adopted as advocates on a State roll. (1) Subject to the provisions of this Act, and the rules made there under, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions, namely: (a) He is a citizen of India: Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practice law in that other country; (b) He has completed the age of twenty-one years; (c) He has obtained a degree in law- (i) Before the [12th day of March, 1967] from any University, in the territory of India; or (ii) Before the 15th of August, 1947, from any University in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or [(iii) After the 12th day of March, 1967, save as provided in sub-clause (iii) After undergoing a three years course of study in law from....
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....er than two years from the appointed, day, and (b) Fulfills the conditions specified in clauses (a), (b) and (f) of subsection (1) [(3) Notwithstanding anything contained in subsection (1) a person who- (a) [* * *] has, for at least three years, been a vakil or a pleader or a mukhtar or was entitled at any time to be enrolled under any law [* * *] as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory; or [(aa) Before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the said date; or] [(b) * * *] (c) Before the 1st day of April, 1937, has been an advocate of any High Court in any area which was comprised within Burma as defined in the Government of India Act, 1935-, or (d) Is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may be admitted as an advocate on a State r....
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....d for admission to a course of degree in law in any recognised University;] (ag) the class or category of persons entitled to be enrolled as advocates; (ah) the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;] (b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another; (c) the standard of professional conduct and etiquette to be observed by advocates; (d) the standards of legal education to be observed by universities in India and the inspection of universities for that purpose; (e) the foreign qualifications in law obtained by persons other than citizens of India which shall be recognised for the purpose of admission as an advocate under this Act; (f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee; (g) the restrictions in the matter of practice to which senior advocates shall be subject; [(gg) the form of dresses or robes to be worn by advocat....
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....of the advocates and the litigants as provided under section 7 of the Act of 1961 are being undertaken by the Bar Council of India. Even on the principles of harmonious construction of various provisions of the Act and the Rules, the action of Bar Council of India in increasing the rate of fees cannot be said to be unreasonable, unauthorized or ultra vires. Even though validity of Gazette Notifications dated 26.6.2013 and 20.9.2015 is not challenged in the present petition, we may record that said notifications are neither ultra vires nor unconstitutional nor against Section 28 of the Act of 1961. 16. On a careful reading of the provisions of the Act of 1961 and the Rules thereunder, it is clear that the increase in the rate of fees is properly and adequately justified. Further, even by applying the principles of harmonious construction of the provisions also, it is clear that there is no conflict between the provisions of the Act of 1961 and its Rules. The Act of 1961 provides entitlement to levy enrollment fees for enrollment as an advocate. Prescribing the right to levy fees be considered to be fundamental and it cannot be whittled by any rule. Prescribing the rate of fees is....