Kerala HC: Person who Voluntarily gives up Practice for Government Job cannot be Termed as “Bar Member”

BCI Bar Council of India Law Insider

Paridhi Arya

Published on: April 7, 2022 at 17:07 IST

The Kerala High Court stated that in Order to take a Government Employment if a person stop practicing as an Advocate then such person cannot be termed as ‘Bar Member’.

The Division Bench of Justice Alexander Thomas and Justice Viju Abraha has pointed out that any person who willfully gives up the Legal Practice although Enrolled in State Bar Council cannot be titled as Bar Member or as a Practicing Advocate.

The Applicant was Enrolled with State Bar Council and practiced as an Advocate in the Court but later took up the Job of Lower Division Typist in the Excise Department.

Now, when the place of Public Prosecutor got vacant she applied for it stating that she is a Member of Bar and only because she is not Practicing Law she cannot be denied to be Member of Bar.

The Court observed the Rule 43 of Section IVA Part VI of Chapter II of Bar Council India Rules explains that where Advocate took the full time or part time service which is incompatible with Practice than within 90 days such person needs to make Declaration in front of Council.

According to the Rules 43 and 49 of Bar Council of India upon taking full time employment the person will cease to be a Practicing Lawyer till he is in employment.

Under Rule 43 of Bar Council of India if after securing the employment which is incompatible with practice and didn’t give declaration in the Registered Bar Council, his rights to practice can be Suspended by the competent Authority.

Under Rule 5(2) and 5(3) Bar Council of India Rules the such person who give up practice if want to Resume the Law Practice again then application need to be made to Enrollment Committee and Committee will decide whether the Practice can be resumed or not.

By looking into the above Provisions, the Court concluded that person who Voluntarily give up the Practice and took Government Job as full-time employment cannot be allowed to do Practice and can no longer be a Member of State Bar Council.

Also Read: Disqualification of Members Bar Council

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