Many changes in UP Bar bye-laws
NOW, A Lawyer must have active practice of at least 25 years in the very court from where he/she wants to contest for the post of Bar president. Besides, to get the voting right and to participate in the election process, a lawyer must have at least two years of continuous membership of the Bar.india Updated: Feb 20, 2006 01:15 IST
NOW, A Lawyer must have active practice of at least 25 years in the very court from where he/she wants to contest for the post of Bar president. Besides, to get the voting right and to participate in the election process, a lawyer must have at least two years of continuous membership of the Bar.
This and several other amendments have been made in the UP Bar Association bye-laws. The UP Bar Council has approved these changes vide resolution No 2393 dated February 12,2005.
The preamble of the bye-laws states: “Advocates are the most representative class of society. Deterioration in their professional ethics and morality is watched with concern. The leaders of Bar project the standard and quality of their members.
The global deterioration in ethics and morale standard has also affected the Bar also. The procedure to choose their leader by the Bar Association has been polluted. It has been seen that for want of proper representation through their office-bearers, the growth of Bar Association have been held up and the rights of advocates, including the right to elect proper representatives is being affected.
It further states “It has come to the notice of the Council that the money and muscle powers have over taken the fair elections of various Bar Association in the State. As a result the right thinking people are neither in a position to exercise their rights to elect their office-bearers nor be elected.”
“It has become a general practice that advocates, not practising in a particular court, obtain membership of its Association and vote for a particular candidate on whose initiation they have been inducted and the regular member practising in the court and member of its Association fail to elect a proper office-bearer to represent their cause and safe-guard the rights, privileges and interest of their members. It has also been reported that varying and conflicting bye-laws regulating the functions of the Bar Association have been formed, which hampers the unity and sovereignty of the state Bar.”
Under the new bye-laws direction about model constitution of the Bar Associations, registration process of the Bar Associations, the objectives, the type of membership and directions for allowing different kind of membership at Bar Associations.
However, like the Bar president, changes have been made for other posts too in regard to their term of regular practice in the court. They are for senior vice president (20 years), vice-president (10 years), general secretary (10 years), treasurer (10 years), joint secretary (5 years), for six executive members (15 years) and for six ordinary members (15 years) in the governing council. Same way changes have been introduced in the number of appointments in the Bar Association.
A provision has been also proposed for the ‘Elders Committee’ consisting five most senior members of the association actively practising in that court has been also introduced. However, senior- most of them would be chairman of the said committee.
The other important issue like terms of office has been introduced in the new rule and according to it office-bearers of the Association and members of the governing council/executive committee shall hold the office till the completion of one year from the date of their election, however, in extra-ordinary circumstances they may continue for a further period of one month with prior approval of the “Elder Committee”.
However, reasons for it would be recorded within which they will get election completed. If they fail to do so, then Elder committee would hold the election at the earliest as per bye-laws, preferably within another one month.
Hence, the Bar Council is of the view that model bye-laws be prepared regulating the functions of the various advocates/ Bar Associations in the State of UP. Violation of which will disqualify the Association from being affiliated with Bar Council of UP under the “UP Bar Council Advocates Association’ rules 2005 and further its member being disqualified from reaping the fruits of various beneficial and welfare schemes sponsored by Council.