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Law Commission’s 266th report on amendments to Advocates Act will put legal profession in Dark Shadow of emergency
The sub-committee constituted by the Bar Council of India has submitted its report on the 266th Law Commission’s report on amendments to the Advocates Act, 1961 and regulation of legal profession has said that the report suggests undemocratic changes which is likely to push the legal profession into dark shadow of emergency. The sub-committee has also considered suggestions received from bar associations across the country while considering the law commission’s report which suggests many changes in the Advocate’s Act like rules against strike, nomination over election etc. The sub-committee has said in the report that the democratic structure of state bar councils and bar council of India cannot be disturbed and a retrograde step cannot be taken to reverse the status of the Bar Council which was existing prior to the adoption of the Constitution. The report further said that ‘A very strong oppose will have to be recorded on behalf of 17 lakh advocates of the country regarding amendment proposed in report number 266 whereby this democratic functioning on basis of principle of nomination are incorporated.’ It has also been pointed out in the sub-committee report that attempts in form of amendments have also been made in the past in order to disturb the democratic structure of bar council during the time of emergency. However, such amendments could not survive even for 2 years and were withdrawn immediately after emergency. The sub-committee report also referred to 75th law commission report prepared by Justice H.R Khanna where true spirit of independent and autonomous functioning of Bar Council on principle of self –governance was retained.
