In a significant decision, the Punjab and Haryana High Court has quashed the “arbitrary” rule framed by the Bar Council of Punjab and Haryana banning persons over the age of 45 from getting enrolled as advocates in the Bar .Quashing the order, a Division Bench of the High Court held that the order was unreasonable, arbitrary and violative of Article 14 of the Constitution. “We have no doubt that this rule is violative of Article 14 of the Constitution and arbitrary as also declared by the Supreme Court in the year 1995,” the Bench held.“Prima facie it appears there is an ulterior motive behind framing such a rule,” the court observed. Pulling up the council, the Bench said it should do something constructive to improve the state of the profession instead of putting barriers for people keen on entering the profession. “Once you have become an advocate, it does not mean that you should stop others from coming into this profession. This attitude needs to be changed,” the court observed.“As per your rule, you will not even allow judges who might retire from the High Court or Supreme Court to practise as advocates. How ridiculous,” the court remarked. Questioning the very basis of framing the rule, the court said advocates are upholders of democracy. “Framing such rules clearly shows how democratic our Bar is.”The said rule passed by the Bar Council had come into effect on February 25, 2006, and was immediately challenged by a number of persons.
