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august 2012

Supreme Court of India · 2012-08-03

BAR COUNCIL OF INDIA vs UNION OF INDIA

Citation / case number
SC 2002/24481
Court
Supreme Court of India
Petitioner
BAR COUNCIL OF INDIA
Respondent
UNION OF INDIA
Author
R.M. LODHA
Bench
ANIL R. DAVE R.M. LODHA

Judgment text excerpt

The Supreme Court examined the constitutionality of Sections 22-A to 22-E of the Legal Services Authorities Act, 1987, as amended by the Legal Services Authorities (Amendment) Act, 2002. The Court held that these provisions are arbitrary and violate Article 14 of the Constitution, as they deny fair and unbiased justice by allowing unilateral applications to Permanent Lok Adalats without adhering to the Civil Procedure Code or Evidence Act. The Court concluded that the lack of an appeal mechanism against Permanent Lok Adalat awards infringes upon the fundamental right to life under Article 21, rendering the provisions unconstitutional.

BAR COUNCIL OF INDIA vs UNION OF INDIA · Niyam