Bar Council of India Removes 107 Fake Advocates from Delhi Roll to Uphold Legal Integrity

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Bar Council of India Removes 107 Fake Advocates from  Delhi Roll to Uphold Legal Integrity The Bar Council of India (BCI) has taken decisive action in a sweeping initiative aimed at maintaining the integrity of the legal profession by removing 107 fake advocates  from the Roll of Advocates in Delhi  between 2019 and October 2024. This step comes as part of the BCI's rigorous verification process to ensure that only qualified, genuinely practising advocates remain in the profession, ultimately upholding public trust in the legal system. Strengthened Verification Framework Under Rule 32 This effort falls under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 . The BCI  amended Rule 32 on June 23, 2023 , which empowered the BCI to verify, identify, and systematically remove unqualified and fake advocates from the Roll. The rule amendment has made the process of weeding out non-compliant individuals significantly more efficient. Accordi

Articles 101 to 104: Disqualifications, Office of Profit, and Vacancies in Parliament

Articles 101 to 104: Disqualifications, Office of Profit, and Vacancies in Parliament



Articles 101 to 104 of the Indian Constitution address disqualifications of members of Parliament (MPs) on certain grounds, dealing with issues related to holding an office of profit, tenure, and vacancies in the Houses of Parliament.


Article 101: Vacation of Seats


Article 101 details the circumstances under which a seat in the Parliament shall become vacant, including disqualifications on certain grounds, such as holding an office of profit under the government.


Article 102: Disqualifications for Membership


Article 102 outlines disqualifications for being chosen as, or for being, a member of either House of Parliament. It specifies various conditions that render a person ineligible for parliamentary membership, including holding an office of profit, unsoundness of mind, and disqualifications under any law made by Parliament.


Articles 103 and 104: Decision on Disqualifications


Articles 103 and 104 confer the authority to decide on disqualifications of MPs and the power to make rules regarding such disqualifications to the President, subject to judicial review.


Modern Era Interpretation:


In the contemporary era, these articles hold significant relevance in ensuring the integrity and probity of parliamentary members, addressing conflicts of interest, and upholding constitutional principles. While not extensively backed by numerous case laws, their interpretation and application have evolved through judicial pronouncements and legislative interventions.


Case Laws and Relevance:


Jaya Bachchan Disqualification Case (2006): In this case, the Supreme Court upheld Jaya Bachchan's disqualification as an MP due to holding an office of profit. The court emphasized the strict interpretation of the office of profit clause to maintain the purity of legislative functioning, aligning with the provisions outlined in Articles 101 to 104.


Rajasthan Legislative Assembly v. Union of India (2016): While not directly related to these articles, this case highlighted the issue of office of profit, emphasizing the importance of maintaining the independence and impartiality of elected representatives.


Contemporary Relevance and Challenges:


In the contemporary landscape, Articles 101 to 104 face challenges related to defining the scope of an "office of profit," addressing conflicts of interest, and ensuring stringent compliance to uphold the integrity of parliamentary functioning.


The interpretation and application of these articles in the context of evolving governance, diverse roles held by MPs, and changing societal norms pose challenges in maintaining a delicate balance between disqualifications and legitimate pursuits by elected representatives.


Conclusion:


Articles 101 to 104 of the Indian Constitution serve as safeguards to uphold the integrity and impartiality of parliamentary members, delineating provisions for disqualifications, office of profit, and addressing vacancies in the Parliament. While not heavily reliant on extensive case laws, their interpretation and application resonate with the evolving democratic ethos and constitutional principles.


As India navigates through the complexities of parliamentary governance in the 21st century, the need to balance ethical conduct, conflict resolution, and legitimate roles held by MPs remains pivotal. Occasional legal interventions and evolving practices continue to shape and refine the operational aspects of these articles, underscoring their enduring significance in fostering an ethical and accountable parliamentary democracy within the Indian constitutional framework.

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