HC stays age limit for enrolment to Bar

Chennai, Sep 5 (UNI) Madras High Court today stayed the operation of the resolution of the Bar Council of Tamil Nadu, fixing the upper age limit of 45 for a candidate to enrol as an advocate.

Mr Justice K Raviraja Pandian granted the interim stay while admitting a petition filed by M Ramani of Villuppuram and T Vijayakumar of Chennai, seeking to quash the resolution of June 17.

The petitioners submitted they were station masters in the service of the Railways. After serving for over 25 years, they opted for the Voluntary Retirement Scheme and it was accepted by the competent authorities. While Ramani retired on July 1, Vijayakumar retired on September 1. They were law graduates and proposed to enrol as advocates. But they had been intimated that the Bar Council of Tamil Nadu, by a resolution dated June 17, resolved to fix the upper age limit of 45 for a candidate to enrol as an advocate, they added.

They contended that Article 19 (1) (g) of the Constitution enunciated that all citizens should have the right to practice any profession or carry on any occupation, trade or business subject to the condition prescribed under Article 19 (1). Section 24 of the Advocates Act prescribed conditions for qualification - the person should be a citizen of India, have completed the age of 21, obtained a degree in law before the appointed day from any university and have undergone a course of training in law and passed an examination.

Under similar circumstances, when the impugned resolution was adopted by the Bar Council of India dated August 22, 1993, barring enrolment of persons who had completed 45, the Supreme Court held that the age bar violated Article 14 of the Constitution and was discriminatory, unreasonable and arbitrary. Further, the apex court said the age bar was ultra vires of the Advocates Act and that the power of the Bar Council conferred by the Advocates Act did not extend to laying down conditions applicable at pre-enrolment stage.

It also directed the Bar Council of India and state Bar Councils not to implement the rule, they pointed out.

UNI XR AA SI RN1858