The Legal Education - Law Commission of India
The Legal Education - Law Commission of India
The Legal Education - Law Commission of India
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122Chapter XIIIDisqualification <strong>of</strong> Employees Dismissed or Removedfrom Service and Section 24A13.0 It appears that for quite some time, the Bar Council <strong>of</strong> <strong>India</strong> is notsatisfied with the present system <strong>of</strong> permitting the entry to the pr<strong>of</strong>ession <strong>of</strong>certain law graduates who have either been convicted by a Court or who,having been in service, have been removed or dismissed from service onthe grounds <strong>of</strong> moral turpitude.13.1 Section 24A deals with disqualification for enrolment. As per clause(a) and (b) <strong>of</strong> sub-section (1), a person cannot be enrolled as an advocate ifhe is convicted <strong>of</strong> an <strong>of</strong>fence involving moral turpitude or under theprovisions <strong>of</strong> Untouchability (Offence) Act, 1955. Similarly, as per clause(c), if a person is dismissed or removed from employment or <strong>of</strong>fice underthe State or any charge involving moral turpitude, he cannot be enrolled asan advocate. But, at present, sec. 24A(1) contains a proviso which enableslaw graduates, who have been convicted or who have been dismissed orremoved from service to be enrolled after the expiry <strong>of</strong> two years from thedate <strong>of</strong> his release from the prison or after the expiry <strong>of</strong> two years from thedate <strong>of</strong> dismissal or removal, as the case may be. <strong>The</strong> said proviso tosection 24A (1) reads as follows:“Provided that the disqualification for enrolment as aforesaid shallcease to have effect after a period <strong>of</strong> two years has elapsed since hisrelease or dismissal or, as the case may be, removal.”