RESOLUTIONS and DECISION taken on 15.4.2017 in the JOINT MEETING of Bar Council of India held at Delhi with all the Representatives of High Court Bar Associations throughout the country and the Co-ordination Committee of all the Bar Associations of Delhi in Order to discuss and deliberate upon the protest measures against the proposed The Advocates (Amendments) Bill-2017 suggested by the Law Commission of India.
The meeting of Bar Council of India and the representatives of all the High Court Bar Association of the country unanimously and strongly oppose the actions of Law Commission of India for attempting to take away the autonomy and independence of the Indian Bar. The meeting expresses strong resentment to the recommendations of Law Commission by which it has put the entire legal fraternity in jeopardy. The Chairman of Law Commission has misled the Government by making a false statement about the Bar Council of India.
The proposed bill namely "The Advocates (Amendment) Bill, 2017" of Law Commission proposes that the members of Bar Councils are to be nominated by High Courts and Supreme Court, more than 5o% of such members are to be people from the fields of Commerce, Accountancy or management, medical science or social science. Further, these people, under the chairmanship of a former Judge of High Court or the Supreme Court, are to conduct the proceedings relating to any complaint of misconduct against the Advocates (facing Disciplinary Proceedings) and to regulate the legal profession and Legal education of the country.
According to the recommendations and Bill of Law Commission, Lawyers would be required to pay compensation to the clients in case they go on strikes, abstinence or fail to appear in cases (even for genuine reasons). This draconian provision says that compensation upto Rs. 5 lakhs shall have to be paid by the Lawyers even though the clients might not have paid a single farthing to them as fee.
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