Bar candidates with political and criminal backgrounds from contesting in bar council elections, Madras HC suggests
Sureshkumar | TNN | Dec 11, 2017, 12:37 IST
Madras high court
CHENNAI: The Madras high court has suggested to the Bar Council of India (BCI) that candidates with political affiliations and criminal background be barred in the council elections.
The court has also suggested that the council mandate declaration of assets possessed by the aspiring candidates and their family members, with the details of income earned by them as advocates and from other sources in the past 10 years.
Justice N Kirubakaran made the suggestions on Friday in a bid to purify the profession and eliminate criminals from the vocation.
"If the above details are furnished, the voters would be in a better position to understand the credentials of the contestants. Further, this court is of the opinion that the candidates involved in the criminal cases, where chargesheet is filed and the punishment for the offences of which is more than three years should not be permitted to contest in the election, as in the case of election of those candidates facing such serious criminal cases may be detrimental to the disposal of such cases pending against them in a free and fair manner," the judge said.
Further, it is advisable that no advocate who held or is holding a key post in a political party or who is or was an elected member of the legislative assembly or Parliament should be allowed to contest in the bar council elections to avoid any political interference in the legal profession and make the council a playground to achieve their political ambitions.
This apart, it is always advisable to verify the educational qualifications of the candidates who intend to contest in the elections as to whether they have satisfied the Legal Education Rules 2008. In case their law degree is not obtained through regular mode or obtained without satisfying the rules regarding their basic qualifications, their candidature have to be rejected, Justice Kirubakaran has said and directed the BCI to place the suggestions before Justice Anil R Dave committee appointed by the Supreme Court for the purpose.
Sureshkumar | TNN | Dec 11, 2017, 12:37 IST
Madras high court
CHENNAI: The Madras high court has suggested to the Bar Council of India (BCI) that candidates with political affiliations and criminal background be barred in the council elections.
The court has also suggested that the council mandate declaration of assets possessed by the aspiring candidates and their family members, with the details of income earned by them as advocates and from other sources in the past 10 years.
Justice N Kirubakaran made the suggestions on Friday in a bid to purify the profession and eliminate criminals from the vocation.
"If the above details are furnished, the voters would be in a better position to understand the credentials of the contestants. Further, this court is of the opinion that the candidates involved in the criminal cases, where chargesheet is filed and the punishment for the offences of which is more than three years should not be permitted to contest in the election, as in the case of election of those candidates facing such serious criminal cases may be detrimental to the disposal of such cases pending against them in a free and fair manner," the judge said.
Further, it is advisable that no advocate who held or is holding a key post in a political party or who is or was an elected member of the legislative assembly or Parliament should be allowed to contest in the bar council elections to avoid any political interference in the legal profession and make the council a playground to achieve their political ambitions.
This apart, it is always advisable to verify the educational qualifications of the candidates who intend to contest in the elections as to whether they have satisfied the Legal Education Rules 2008. In case their law degree is not obtained through regular mode or obtained without satisfying the rules regarding their basic qualifications, their candidature have to be rejected, Justice Kirubakaran has said and directed the BCI to place the suggestions before Justice Anil R Dave committee appointed by the Supreme Court for the purpose.
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