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BCI has no power or authority over any Bar Association: SCBA returns BCI's Resolution "staying" SCBA decision on suspension of Ashok Arora

Shruti Mahajan

The Bar Council of India has no jurisdiction or power to control or govern any Bar Association in the country, the SCBA has said in its letter written to the BCI.

The SCBA has returned the BCI's resolution which "stayed" SCBA's resolution on suspension of Ashok Arora as SCBA Secretary.

After the Bar Council of India, in its resolution dated May 10, stayed a decision taken by the Executive Committee (EC) of the Supreme Court Bar Association (SCBA) pertaining to suspension of Ashok Arora, the SCBA has sent a communication to the BCI saying that it has no jurisdiction for the same.

The Bar Council of India is established under the Advocates Act of 1961 whereas the SCBA came into existence in 1951 and is a registered society under the Societies Registration Act. The SCBA has a Constitution of its own and an elected body to manage the affairs.

The powers and duties of the BCI are envisaged in the Advocates Act and the same gives the BCI no authority to supervise or control any Bar Association in the country, the SCBA has said.

The Bar Council of India is established under the Advocates Act, 1961 and its powers, duties and responsibilities are circumscribed by the said Act. The BCI has no power or authority to supervise much less control any Bar Association in the country including the SCBA.
SCBA states

The Executive Committee believes that the action of the BCI to "stay" SCBA's decision "has been done under a misconception of law and in colourable exercise of power," the letter says.

The letter, signed off by the Acting Secretary of the SCBA Rohit Pandey, says that the SCBA is returning the BCI's resolution passed on May 10 without admitting or dealing with its contents, keeping in view the "mutual respect shared by the two important institutions in the administration of justice." The letter further adds,

"The SCBA and its Executive Committee hope and trust that the BCI will give a quietus to the matter to dignify its status."

Earlier this month, Advocate Ashok Arora, who held the position of SCBA's Secretary had called for an Emergent General Meeting with the agenda point being to remove SCBA President Dushyant Dave from his position on account of Dave's allegedly using his post for "political agenda" activity.

On May 8, Arora communicated to the membersof the SCBA that the EGM was adjourned sine die and on the same day, the EC of the SCBA resolved by majority to suspend Arora from the position of the Secretary with immediate effect.

Arora had subsequently made a representation before the BCI, which led to BCI, in its resolution dated May 10, staying the SCBA EC's decision as regards Arora's suspension.

Read SCBA's letter to BCI:

SCBA letter to BCI.pdf
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