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Report No. 75

10. Law Commission's view in the 14th Report.-

The need for carrying out the recommendation of the All India Bar Committee was stressed in these words in the 14th Report of the Law Commission of India in its Report on the Reform of Judicial Administration forwarded in 19581:

"47. The All India Bar Committee considered exhaustively the questions of the constitution and powers of the State Bar Councils and the All India Bar Council and made detailed recommendations. In framing its recommendations the Committee accepted the principle that the Bar should be autonomous in matters relating to the profession. Its recommendations in regard to the constitution of the Bar Councils are based on the acceptance of this principle.

While recommending that the State Bar Council and the All India Bar Council shall inter alia consist of two Judges of the High Court or two Judges of the Supreme Court nominated by the Chief Justice of the High Court or the Chief Justice of India respectively, care was taken to ensure that the two Judges so nominated would be persons who had been advocates, so that, notwithstanding Judges being members, the Councils still retained their domestic character and were composed exclusively of advocates."

"48. We wish to emphasize the principle of autonomy thus sought to be given effect to by the Committee. Our considered opinion is definitely against Judges who have never been "advocates being brought into these autonomous bodies that should consist wholly of members of the profession. In this connection it may be noticed that section 4 of the Bar Councils Act, which prescribes the composition of the Bar Council provides for four persons to be nominated by the High Court, of whom not more than two may be Judges of that Court.

The recommendation of the Committee that the Judges nominated should have been persons who had been advocates was, it appears, made deliberately with a view to prevent Judges who had not been advocates from becoming members of the Council. It may be pointed out that, notwithstanding the provision in section 4(1)(b) of the Bar Councils Act, in some of the States, the High Court has not chosen to nominate Judges as members of the Bar Councils. Inspite of the absence of Judges on these councils, so far as we are aware, there has been no complaint about the satisfactory functioning of these Bar Councils. It would, therefore, appear that the time has arrived for making these professional bodies entirely autonomous. If, however, Judges have to form part of the composition of these bodies, they should be Advocate-Judges."

1. 14th Report Vol. I, Chapter 26, paras. 47-48.



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