CIC Order dt 17 March 2016 bringing the Bar Councils and Bar Association under RTI vis-a-vis legal provision(s) for the constitution of Bar Associations

CIC Order dt 17 March 2016 brings Bar Councils and Bar Association under RTI.

(Harinder Dhingra Vs. Bar Associations, Rewari, Faridabad, Punchkula, Gurgaon , CIC/SA/A/2015/001262 CIC/SA/A/2015/001263 CIC/SA/A/2015/001264 CIC/SA/A/2015/001265)

http://www.rti.india.gov.in//rti/docs/cic_decisions/CIC_SA_A_2015_001265_M_181423.pdf

NOTE:

The CIC order holds that Bar Associations are constituted under a law made by Parliament, i.e., the Advocates Act, 1961. Although pertinent to mention herein that even the word “Bar Association” was not there in the Advocate Act until 1993 much less any provision therein qua constitution, function and power of the Bar Associations. In 1993 a clause (dd) was inserted by Act 70 of 1993 (w.e.f. 26.12.1993) in Section 6 for the purpose of effective implementation of the welfare schemes. The inserted clause (dd) in Section 6 reads thus: “to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section clause (a) of sub-section (2) of section 7”.

The BCI and State Bar Councils Rules also don’t expressly mandate for constitution of Bar Associations. Bar Associations may be registered (under Societies Registration Act) or non-registered.  The Rule 4(g) of the “Certificate and place of practice (verification) Rules, 2015 defines the term Bar Association. The Rule 6.3 of the said Rules of 2015 provides for recognition of Bar Associations by the concerned State Bar Council. Important to note that an Advocate may opt for not being member of any recognized Bar Association vide Rule 6.1 (please read the said relevant rules in the images attached below)