AMAR SINHA Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) Howsoever nobel a profession may be, the nobility of the profession depends on the nature and conduct of the persons, who practise such profession. If the conduct of even a small number of the persons of such a profession does not meet the requisite standards, ethical or otherwise, which may be required for the profession to maintain itself as a nobel profession, some steps may have to be taken to ensure that the persons, practicing such a profession, which is, otherwise, nobel, do not bring the profession to disrepute. Necessary regulatory measures are, therefore, required to be taken to ensure that the profession remains nobel. The present writ petitions illustrates such a situation inasmuch as the present set of writ petitions puts to challenge the regulatory measures, adopted by the Bar Council of India, with the avowed object of ensuring that the profession of law does not lose its sheen and its nobility is maintained.

(2.) Since these two applications, filed under Article 226 of the Constitution of India, involve common issue on the question of validity of the Certificate and Place of Practice (Verification) Rules, 2015 (hereinafter referred to as the "Rules"), both of them have been heard together and are being disposed of by the present common judgment and order.

(3.) In C.W.J.C. No. 9976 of 2016 (Amar Sinha & Anr. Vs. Bar Council of India & Ors.), there are two petitioners, who claim to be the regular practitioners at Munger District Court and who have been Members of the District Bar Association, Munger. Petitioner No. 1 has claimed that he has fairly long standing at the Bar and had been twice the Secretary of the District Bar Association, Munger, and twice, the President of the District Bar Association, Munger. Petitioner No. 2 of the said case has claimed that he had been Member of Vigilance Committee of the District Bar Association, Munger, Member of Executive Committee of the Association, Munger, and was twice elected as Treasurer of the District Bar Association, Munger.