Chapter

Courts and Bar Associations<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0072
Courts and Bar Associations1

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This chapter discusses the Supreme Court's ruling on the functions and duties of Bar Associations in India, looking primarily at the judgment delivered on 5 September 1995 on behalf of Justice K. R. Sawarmy and Justice B.L. Hansaria. Division Bench of two judges was dealing with a petition 'under Article 32 of the Constitution' for a writ against a statutory body, the Bar Council of Maharashtra and Goa, and two private bodies, the Bombay Bar Association, and the Advocates Association of Western India. The petition sought to restrain permanently these three bodies from coercing the chief justice of the Bombay High Court to resign from the office. The Attorney-General Milon Kumar Banerjee's supported the petition, suggesting that such resolutions by any Bar Association could entail contempt of court. The chapter analyses the arguments to conclude that the existence of a constitutional remedy, the provisions in the Constitution about the impeachment of judges, and the functions of a State Bar Council as defined by Section 6(1) of the Judicial Conduct and Disability Act 1980. The chapter ends by considering the handling a judge whose conduct may serve as grounds for impeachment.

Keywords: Justice K.R. Sawarmy; Justice B. L. Hansaria; Article 32; Bar Council of Maharashtra; Bar Council of Goa; impeachment; Milon Kumar Banerjee; Judicial Conduct and Disability Act 1980; India's Bar Associations

Chapter.  3091 words. 

Subjects: Constitutional and Administrative Law

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