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Supreme Court issues notice to BCI on petition urging “strict compliance” of Section 8A of Advocates’ Act

The Supreme Court today issued notice on a petition urging “strict compliance” of Section 8A of Advocates’ Act, 1961, and hence restrain members of Bar Council of India from discharging their day-to-day affairs including enrollment, disciplinary proceedings.

The petitioner also urged the bench of Justices Pinaki Chandra Ghose and Amitava Roy to direct the BCI to complete the process of filling up forms within two months, and hold the elections of Bar Council of Delhi within two months thereafter.

In the petition filed in Supreme Court, the petitioner has alleged that bar councils were misusing Section 8 to extend its tenure. 

According to Section 8, the term of office of an elected member of a State Bar Council (other than an elected member thereof referred to in section 54) shall be five years from the date of publication of the result of his election. In case a State Bar Council fails to provide for the election of its member before the expiry of the said term, the Bar
Council of India may, by order for reasons to be recorded in writing, extend the said term for a period not exceeding six months.

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