"The Bar Council of Dethi, during a hearing on May 14, had justified the notification fixing 45 as the upper age limit for enrolment as advocates, saying such a rule would help maintain high standards and efficiency in the profession"
From now on, there is no age bar for practicing law in Delhi. The Bar Council of Delhi has withdrawn its controversial notification last year, fixing 45 as the upper age limit for enrolment as advocates.
The rule brought out on December 18, 2006, had virtually prevented several law graduates, who took up other jobs from enrolling themselves as lawyers either after retirement or on resignation.
BCD informed of the resolution withdrawing the rule during a hearing of the petition challenging the council's decision filed by some advocates. Lawyer Monica Arora had contended that the rule was against the right to equality under the constitution and also ultra vires of the Advocates Act.
She said the Supreme Court had already set aside similar resolution of Bar Council of India and BCD's action denying licence to some applicants on the ground of being over-age was "arbitrary and discriminatory" in nature.
The BCD, during the last hearing on May 14, had justified the notification, saying such a rule would help maintain high standards and efficiency in the profession.
But on Monday BCD Chairman K.K. Manan said, "We decided to pass a resolution scrapping the rule. There was no point in persisting it after the Supreme Court, Kerala and Tamil Nadu High Court had struck down the respective state bar council's similar resolution."
Experienced persons, who wished to join the Bar after relinquishing their respective occupation, would not cause any harm to the legal profession, in fact, they would enrich it, he added.
A Division Bench headed by Justice Vikramjit Sen asked the BCD to submit an affidavit stating the withdrawal of the rule.
Source- Hindustan Times, Dated, November-13-2007
