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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Understanding President's Rule: Constitutional Machinery, Legal Precedents, and the Sandeshkhali Incident

Understanding President's Rule: Constitutional Machinery, Legal Precedents, and the Sandeshkhali Incident


President's Rule, also known as Governor's Rule, refers to the temporary suspension of the state government and the imposition of direct central government rule in a state of India. This extraordinary measure is invoked under specific circumstances when the constitutional machinery in a state breaks down or is unable to function effectively. Let's explore the conditions under which President's Rule can be implemented, the constitutional provisions governing it, historical instances, and its relevance in contemporary Indian politics.


Conditions for Implementation:

President's Rule can be imposed in a state under the following circumstances:

1. Failure of Constitutional Machinery: When the state government is unable to function as per the provisions of the Constitution, either due to political instability, internal unrest, or any other reason.

2. Inability to Form a Government: In cases where no party or coalition is able to secure a majority in the state legislature following elections, and there is no possibility of forming a stable government.

3. Violation of Constitutional Provisions: If the state government fails to comply with or contravenes the provisions of the Constitution or other laws.


Constitutional Provisions and Legal Framework:

Article 356 of the Indian Constitution empowers the President of India to proclaim President's Rule in a state upon receiving a report from the Governor, indicating the breakdown of constitutional machinery. However, the exercise of this power is subject to judicial review, and the imposition of President's Rule must be based on valid grounds.


Case Laws and Historical Context:

Several landmark cases have shaped the interpretation and application of President's Rule in India. Notable among them are:

1. State of Rajasthan v. Union of India (1977): The Supreme Court laid down guidelines for the exercise of Article 356, emphasizing the necessity of clear evidence of breakdown of constitutional machinery before invoking President's Rule.

2. S.R. Bommai v. Union of India (1994): In this significant judgment, the Supreme Court clarified that the imposition of President's Rule is subject to judicial review, and the decision must be based on objective criteria. The court also outlined principles to prevent its misuse for political purposes.


History of President's Rule in India:

Since independence, President's Rule has been imposed in various states of India under different circumstances. It has been invoked over 100 times, with instances ranging from political instability to communal violence and administrative failures. Some notable cases include the imposition of President's Rule in Punjab during the Sikh insurgency in the 1980s and in Jammu and Kashmir following the abrogation of Article 370 in 2019.


Comment on the Sandeshkhali Incident:

The recent turmoil in Sandeshkhali, West Bengal, underscores the complexities and challenges of governance at the grassroots level. The allegations of sexual abuse against local Trinamool Congress (TMC) leaders have sparked widespread protests and raised questions about the state government's ability to address such issues effectively. The situation highlights the importance of robust mechanisms for ensuring accountability, transparency, and protection of women's rights in local governance. It also underscores the need for swift and impartial investigation into the allegations, followed by appropriate legal action against the perpetrators.


Conclusion:

In conclusion, President's Rule remains a significant constitutional mechanism for maintaining stability and upholding the rule of law in India's federal structure. While its invocation is intended to address exceptional circumstances, its proper implementation requires adherence to constitutional principles, judicial oversight, and consideration of the broader democratic ethos. As India continues to grapple with diverse challenges, including political unrest and social upheaval, the judicious application of President's Rule will remain pivotal in safeguarding the integrity of the nation's democratic institutions.

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