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august 2011

Supreme Court of India · 2011-08-09

Pratap Chandra Mehta vs State Bar Council Of M.P.& Ors

Citation / case number
AIR 2011 SC (CIVIL) 2045
Court
Supreme Court of India
Petitioner
Pratap Chandra Mehta
Respondent
State Bar Council Of M.P.& Ors
Author
Swatanter Kumar
Bench
B.S. Chauhan, Swatanter Kumar

Judgment text excerpt

The Supreme Court examined the validity of Rules 121 and 122-A of the Madhya Pradesh Bar Council Rules in relation to Section 15 of the Advocates Act, 1961. The Court held that the provisions of the M.P. Rules are ultra vires Section 15 as they lack a clear legislative basis for the removal of office-bearers through 'no confidence motions'. Furthermore, the Court determined that the absence of enabling provisions in the Advocates Act precludes subordinate councils from enacting such rules without prior approval from the Bar Council of India, thereby invalidating the M.P. Rules in question.

Pratap Chandra Mehta vs State Bar Council Of M.P.& Ors · Niyam