Do lawyers have to join a bar association after enrolment? Telangana High Court seeks BCI response

The Telangana High Court recently issued notice to the Bar Council of India (BCI) in a plea challenging its Certificate of Practice (COP) Rules, 2015, which require advocates to join a bar association upon enrolment..Justice B Vijaysen Reddy issued notice to the BCI and posted the matter for further hearing on June 6.According to Rules in question, an advocate is required to join a bar association and also has to pay fees to the State Bar Council.The bar association will provide a certificate to the advocate stating that they are practicing in a specific court. Following this, the Bar Council will grant the Certificate of Practice to the advocate.However, it is also stated,"And if any Advocate does not intend to be a member of any Bar Association duly recognized by concerned State Bar Council, then he shall be required to intimate the same to the State Bar Council and he shall have to explain as to how shall he be getting the benefits of any welfare scheme floated by the State Bar Council or the Local Bar Association. The decision of State Bar Council shall be final in this regard.".The plea was filed by a lawyer who said that the membership fee for the Telangana High Court Advocates Association was ₹2,800 per annum for general membership and can go up to more than ₹1 lakh for a platinum membership.It was argued that any rule requiring advocates to join any bar association violates Article 19(1)(c) of the Constitution of India and my statutory right under Section 30 of the Advocates Act, 1961."The said rule of becoming Member of the Bar Association, with comes with the clause of a payment of fee i.e. 25,000; 10,000; 3,000; and General Membership is 2800, for each bar council under each state, adds illegal, needless financial burden on the candidates who are already under immense financial hardships," the plea stated.The plea stated that it is the advocate's decision whether they wish to participate in the welfare schemes offered by the bar association or the BCI. They cannot be compelled to join such associations or be mandated to participate in their schemes, it added.No bar association has any legal basis to provide a certificate to any advocate to prove their practice, the petitioner stated..On these grounds, he has sought an order from the Court striking down Rule 6 of the CoP Rules - to the extent that it requires advocates to join a bar association upon enrolment - as being ultra vires Article 19(1)(c) of the Constitution of India..Advocate Vijay Gopal appeared in person.

Do lawyers have to join a bar association after enrolment? Telangana High Court seeks BCI response

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