“BCI let us down”: SCBA opposes amendments to Advocates Act, members to wear white band to work

The Supreme Court Bar Association (SCBA), the apex Bar of the country has come out in strong opposition against the amendments proposed by the Law Commission to the Advocates Act..In an emergent resolution passed today, the SCBA has resolved that its members will wear white arm bands to work tomorrow. It has also expressed its support and solidarity to the lawyers from other Bar Associations who will be abstaining from work tomorrow..The resolution has also come down on the Bar Council of India (BCI) for submitting a report to the Law Commission on the Advocates Act without soliciting the view of the SCBA..Stating that the BCI has now taken a U-turn by opposing the very recommendations it made, the resolution states that the BCI’s actions have eroded its credibility..Speaking to Bar & Bench, SCBA Secretary Gaurav Bhatia said that,.“SCBA will provide strong and credible leadership to the Bar of the entire country, BCI let us down”.The following is the resolution passed by the SCBA:.“After perusing the proposed Bill to amend the Advocates’ Act 1961 as well as the resolution of the General Body of the BCI, the Executive Committee strongly feels that the said proposed amendments will jeopardize the autonomy, independence and effectiveness of the entire legal fraternity of the country and also the independence of the judiciary.The Executive Committee strongly feels that any move to table the Bill or to give effect to the passage of the bill or to amend the Advocates Act will weaken the legal profession and therefore, the Executive Committee strongly opposes the said proposed Bill.The Executive Committee resolves that all necessary measures will be taken by the SCBA involving the State Bar Associations across the country, also various district Bar Associations and the entire legal fraternity so that this bill in its current form is not introduced in the Parliament.After examining the proposed amendments at great length the Executive Committee feels that there are serious issues besides others such as:-(a) Imposition of fine on lawyers which may extend to Rs.3 lakhs. (b) Award of compensation to be paid by lawyers to the litigants upto Rs.5 lakhs.(c) The SCBA also vehemently opposes induction of non- lawyers into various disciplinary committees, which will be empowered to take action against lawyers in case of alleged misconducts.(d) Complete ban on lawyers to strike/boycott or abstain from court work or right to protest.For the reasons mentioned above, the Bill proposed by the Law Commission of India will seriously affect the functioning and independence of the legal fraternity, thus the Executive Committee of SCBA resolves as under :.A. The Bar Council of India in utter disregard of their obligations and duties regretfully submitted the report to the Law Commission of India without taking any inputs from the SCBA or any other State Bar Associations. .*This conduct of BCI has severely affected the legal profession and has created a serious dent to the confidence that lawyers reposed in the BCI as a Statutory Body.*.Even more disappointing is the fact that the BCI has now taken a complete U turn after making very pernicious recommendations to the Law Commission of India earlier, and has decided to oppose now by way of calling for a strike, the very same recommendations that it made..*This has further eroded the credibility of the BCI.*.B. The SCBA being the Apex Bar of the Country feels that it is its duty to provide leadership to the entire legal fraternity in this hour of crisis. Therefore, the Executive Committee resolves and calls upon all its members to wear a .*white arm band as a mark of protest against the proposed amendments on 31.03.2017 and also as a mark of solidarity with the entire legal fraternity and protesting lawyers of the country..C. The Executive Committee further resolves that it will be seeking an appointment to meet .His Excellency the President of India,.Hon’ble the Prime Minister of India,.Hon’ble the Law Minister and.other important Cabinet Ministers.and to apprise them about the concerns of the legal fraternity..D. The Executive Committee resolves that *SCBA will take lead as the Apex Bar of the country in organizing a series of Seminars/Meetings and countrywide protests* which will include all eminent leaders of the SCBA, State Bar Associations, State Bar Councils and leaders from all across the country..E. The Executive Committee resolves that keeping in mind the sensitivity, seriousness and urgency of the issue, the Executive Committee will at the earliest convene a Special General Body Meeting of the SCBA..F. The Executive Committee further resolves that it will actively participate in the proceedings in the case titled as Mahipal Singh Rana Vs. State of U.P. to assist the Hon’ble Supreme Court in framing appropriate guidelines to regulate legal profession.