Issues concerning the Delhi High Court Bar Association

Note circulated by me today in the Delhi High Court on issues concerning the Delhi High Court Bar Association 

DHCBA not a legal entity

DHCBA is not a registered society DHCBA is a mere “Association of Persons”  - a concept only for Income Tax purposes DHCBA therefore not a legal entity How can DHCBA sue or be sued? To file a legal proceeding, DHCBA would need POAs from all its members How can DHCBA file writ on court fees?  How can DHCBA file writ against Bar Council of Delhi?

Rule 51 of alleged new DHCBA rules – unconstitutional and undemocratic

“PRIVATE CONVERSATION CONFIDENTIAL 51. No publicity shall be given to any statements expression of opinion or conversation in any premises at any time occupied by the Association. Any member infringing this rule shall on proof there of be liable to have his name removed from membership.” - would include DHC canteen - would include General Body Meeting

Rule 8 of alleged new DHCBA rules – how can Judges be made members of the Bar?

“JUDGES TO BE HONORARY MEMBERS 8. Every Judge for the time being on the Bench of the High Court of Delhi shall be deemed to be an Honorary Member of the Association, without payment of fees and subscription and shall not be authorized to vote in the management of the Association.”  •         There is no Bar in the world with judges as members •         Bar and Bench are distinct and separate institutions •         At times the Bar must criticize the Bench

New alleged Rule granting Executive Committee power to amend Rules unilaterally without GBM

“POWER OF EXECUTIVE COMMITTEE I-D That the Executive Committee shall be entitled to frame, amend, alter and vary Rules, Regulations, Bye-laws and issue directions, as may be necessary, consistent with Aims & Objects of the Association and in furtherance to its object;” Must be challenged and struck down Existing rule required ratification by General Body

New alleged rule curtailing the existing power of the General Body

“MANAGEMENT 1-C The affairs of the association shall be managed by the Executive Committee consisting of the President, Vice-President, Honorary Secretary, Treasurer, Joint Secretary and other members as prescribed under the Rules and subject to the general control of the members of the General Meeting Assembly (wherever specially provided)” In any subsequent judicial interpretation, part in bold italics will be crucial in authorizing the executive committee over the General Body