Updated on: Wednesday, September 02, 2009
New Delhi: The Supreme Court stayed all further proceedings, pending in High Courts, on petitions challenging Bar Council of India Rule fixing age norms.
Bar council of India framed a rule fixing 20 years as the upper age limit for admission to the five-year integrated law course and 30 years for the three-year degree course.
The Bar Council had sought transfer of all the cases pending in High Courts to the Supreme Court. Senior counsel M.N. Krishnamani, appearing for the BCI, said as different orders were passed by the High Courts, the matter required consideration by the Supreme Court.
A Bench, consisting of Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and B.S. Chauhan, issued notice to respondents cited by the BCI.
The petitions in the High Courts questioned Clause 28 of Schedule III to the Rules of Education, 2008 fixing the maximum age limit for admission as the Advocates Act.
They contended that the BCI was not empowered to restrict admission by introducing the upper age limit. When there was no such provision in the Advocates Act, such curbs could not be imposed under the Rules.
The BCI, in its transfer petition, said that as substantial questions of law of general importance were involved, the matter required to be decided expeditiously by the Supreme Court. It also prayed for stay of all further proceedings in High Courts.