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.