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
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Articles 352 to 360 of the Indian Constitution: Emergency Provisions and Temporary Provisions with Insights from Relevant Case Laws

Articles 352 to 360 of the Indian Constitution: Emergency Provisions and Temporary Provisions with Insights from Relevant Case Laws



Articles 352 to 360 of the Indian Constitution delineate the provisions related to emergencies, dealing with situations that threaten the security of the country. In the contemporary era marked by complex geopolitical dynamics and unforeseen challenges, these constitutional clauses play a crucial role in ensuring the nation's resilience. This article delves into the constitutional intricacies, explores relevant case laws, and sheds light on the contemporary relevance of these provisions.


Constitutional Provisions:


- Article 352: Empowers the President to proclaim a state of emergency if he is convinced that the security of India or any part is threatened by war or external aggression or armed rebellion.


- Article 353: Authorizes the President to modify the provisions of the Constitution relating to the distribution of revenues between the Union and the States during the operation of a proclaimed emergency.


- Article 354: Provides for the effect of the Proclamation of Emergency on the executive authority of the States.


- Article 355: Obliges the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of the Constitution.


- Article 356: Deals with the President's rule in a State in case of failure of constitutional machinery.


- Article 357: Empowers the President to exercise the powers and functions of the government of a State in case of failure of constitutional machinery.


- Article 358: Suspends the provisions of Article 19 during the operation of a Proclamation of Emergency.


- Article 359: Empowers the President to suspend the right to move any court for the enforcement of fundamental rights during a Proclamation of Emergency.


- Article 360: Deals with the provisions for a Financial Emergency.


Contemporary Significance:


In the current socio-political landscape, Articles 352 to 360 represent the constitutional response to unforeseen challenges, providing the necessary legal framework to safeguard the nation's security and financial stability.


Relevant Case Laws:


State of Rajasthan v. Union of India (1977):


This case reinforced the principle that the President's satisfaction under Article 356 is not immune from judicial review. The Supreme Court held that the court could examine whether the President's proclamation was based on relevant material and was not influenced by extraneous or irrelevant considerations.


Rustom Cavasjee Cooper v. Union of India (1970):


In this case, the Supreme Court held that the power to amend the Constitution under Article 368 is not a power to destroy its basic structure. The judgment laid down the doctrine of the basic structure, which limits the amending power of the Parliament.


Interpretation and Application:


1. Proclamation of Emergency:

   - Article 352 empowers the President to declare a state of emergency in the face of war, external aggression, or armed rebellion.


2. Modification of Constitutional Provisions:

   - Article 353 allows the President to modify the provisions of the Constitution concerning revenue distribution during a proclaimed emergency.


3. Executive Authority of States:

   - Article 354 outlines the effect of a Proclamation of Emergency on the executive authority of the States.


4. Union's Obligation to States:

   - Article 355 obliges the Union to protect every State against external aggression and internal disturbance, ensuring the governance of States in accordance with the Constitution.


5. President's Rule in States:

   - Articles 356 and 357 address the imposition of President's rule in a State due to the failure of constitutional machinery.


6. Suspension of Fundamental Rights:

   - Articles 358 and 359 deal with the suspension of fundamental rights during a Proclamation of Emergency.


7. Financial Emergency:

   - Article 360 provides for the proclamation of a Financial Emergency in case of a threat to the financial stability of India.


Challenges and Solutions:


1. Judicial Review of Proclamation:

   - The challenge lies in ensuring the judicious exercise of emergency powers, subject to judicial review, as highlighted in the State of Rajasthan case.


2. Basic Structure Doctrine:

   - The challenge is to strike a balance between the need for constitutional amendments during emergencies and the basic structure of the Constitution, as established in the Rustom Cavasjee Cooper case.


Contemporary Socio-Political Dynamics:


In a globalized world facing diverse challenges, Articles 352 to 360 provide a legal framework to address unforeseen circumstances and safeguard the nation's security and financial stability.


Conclusion:


Articles 352 to 360 of the Indian Constitution stand as a testament to the constitutional foresight in addressing emergencies and challenges that may threaten the nation's security and financial stability. Relevant case laws, such as State of Rajasthan v. Union of India and Rustom Cavasjee Cooper v. Union of India, have played a crucial role in shaping the interpretation of these provisions. In the contemporary era, where uncertainties abound, these articles contribute to the resilience and adaptability of the Indian constitutional framework.

Location: Pune, Maharashtra, India

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