Advocate – Enrolment – Disqualification of persons above the age of 45 years from being enrolled as Advocates – Not proper : Advocates Act, section 24(1)(e)

Rule 3 of the Enrolment Rules of 2006, framed by the Bar
Council of Himachal Pradesh, disqualifies persons above the age of 45 years from
being enrolled as advocates.

The rationale for the said rule was that those who retire
from various government, quasi-government and other institutions may use their
past contacts to canvass for cases on being enrolled as advocates. If this were
to occur, the dignity and repute of the profession would be jeopardised.

The petitioner, at the time of filing the petition, was aged
52 years. In the year 1994, he joined the LL.B course and successfully completed
the same in the year 1997. He also obtained the LL.M. degree in September 2000.
The petitioner is aggrieved by Rule 3 of the Bar Council of Himachal Pradesh,
Advocates Enrolment Rules, 2006.

According to the petitioner, the State Bar Council has no
authority to put a condition of the maximum age as prescribed under the
aforesaid rules. It is also alleged that the criteria so laid down had no nexus
with the object sought to be achieved.

The Hon’ble Court observed that there was no specific
provision in section 7 of the Act, which enumerates the functions of the Bar
Council of India, empowering it to fix the maximum age beyond which entry into
the profession would be barred. The functions of the Bar Council of India
enumerated in section 7 also do not envisage laying down a stipulation
disqualifying persons otherwise qualified from entering the legal profession,
merely because they have completed the age of 45 years.

No material had been placed on record that there was any
material available with the State Bar Council to show that state government or
quasi government servants indulge in undesirable activities after entering the
profession. Therefore, the rule was discriminatory since it only debars those
persons from entering the profession who have completed 45 years of age; and
there was nothing to show what the criteria was for fixing the age limit of 45
years.

The rules which lay down that a person who has completed the
age of 45 years shall not be entitled to be enrolled as an advocate was struck
down as being void and unconstitutional.