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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123Above this proviso, there is an ‘Explanation’ dealing with service under theState which states that the expression ‘State’ shall have the meaningassigned to it under Art. 12 <strong>of</strong> the Constitution.13.2 A few issues arise in connection with section 24A.It has been brought to the notice <strong>of</strong> the <strong>Commission</strong> that the provisobelow sec. 24A(1) is permitting a large number <strong>of</strong> persons who have beenconvicted or dismissed or removed from service on charges involvingmoral turpitude to enter the pr<strong>of</strong>ession after the expiry <strong>of</strong> 2 years from thedates specified in the proviso. <strong>The</strong>re is a request from the Bar Council <strong>of</strong><strong>India</strong> that such persons ought not to be allowed to enter the pr<strong>of</strong>ession. It issaid that the pr<strong>of</strong>ession requires high standards <strong>of</strong> ethics and morality to bemaintained and that those who have previous bad record should not beallowed at all to enter the pr<strong>of</strong>ession. As a consequence, it is stated that theproviso should be deleted.13.3 <strong>The</strong> <strong>Commission</strong> is <strong>of</strong> the view that in the matter <strong>of</strong> legal ethics andmorality no relaxation is permissible. <strong>The</strong>re is no guarantee that those whohave been convicted or whose services have been terminated on chargesinvolving moral turpitude, would cease to show similar tendencies justafter the expiry <strong>of</strong> two years <strong>of</strong> the date <strong>of</strong> release from prison or date <strong>of</strong>dismissal or removal. <strong>The</strong> disqualification must therefore extend to the rest<strong>of</strong> their life, and an absolute bar alone will be in the interests <strong>of</strong> preservingthe purity <strong>of</strong> the legal pr<strong>of</strong>ession.