JUDGMENT

A.M. Ahmadi, CJI. - The Bar Council of India by Resolution No.64/93 dated 2nd August, 1993 added R.9 in Chapter III of Part VI of the Bar Council of India Rules which resolution was Gazetted on 25th September, 1993. The said newly added rule reads as under :

"A person who has completed the age of 45 years on the date on which he submits his application for his enrolment as an advocate to the State Bar Council shall not be enrolled as an advocate."

All the State Bar Councils in the country were duly informed about the insertion of the said rule. The legality and validity of the said rule is questioned in this batch of petitions as inconsistent with Arts. 14, 19(1)(g) and 21 of the Constitution and S. 24 of the Advocates Act, 1961, hereinafter called the Act.

2. The Act came into force with effect from 19th May, 1961. The dictionary of the Act is to be found in S.2, C1.(a) whereof defines an Advocate as a person entered in any roll under the provisions of the Act as such and the term roll according to C1.(k) means a roll of advocates prepared and maintained under the Act. S.3 provides that there shall be a Bar Council for each of the States to be known as the Bar Council of that State. S.4 next provides for a Bar Council for the territories to which the Act extends to be known as the Bar Council of India. The functions of the State Bar Council and the Bar Council of India have been set out in Ss.6 and 7, respectively. The functions of the State Bar Council include admission of persons as advocates on its roll, preparation and maintenance of such roll, safeguarding the rights, privileges and interests of advocates on its roll and to do all things necessary for discharging the above functions. The functions of the Bar Council of India include the laying down of standards of professional conduct and etiquette for advocates and for safeguarding their rights, privileges and interests. Chapter III which deals with Admission and Enrolment of Advocates comprises of Ss.16 to 28. S. 16 provides that there shall be two classes of advocates, senior advocates and other advocates; S.17 sets out how every State Bar Council shall prepare and maintain a roll of advocates; S.18 deals with the transfer of name of an advocate from one State roll to another; S.19 enjoins upon every State Bar Council to send a copy of the roll of advocates to the Bar Council of India; S.20 makes special provision for enrolment of every advocate who was entitled to practice in the SC immediately before the appointed day in the roll of a State Bar Council; S.21 relates to the fixation of seniority; S.22 provides for issuance of certificate of enrolment and S. 23 confers the right of pre-audience on the Attorney General of India, the Solicitor General of India, the Additional Solicitor General of India, etc. S.24 to the extent it is relevant for our purpose provides as under:

"24. Persons who may be admitted as advocates on a State roll-(1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions, namely:-

(a) he is a citizen of India;

(b) he has completed the age of twenty-one years; and

(c) he has obtained a degree in law."

Section 24A provides that no person shall be admitted as an advocate on a State roll, for the period indicated in the proviso, if he is convicted of an offence involving moral turpitude, or if he is convicted of an offence under the provisions of Untouchability (Offences) Act, 1995 or if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude; S. 25 indicates the authority to whom applications for enrolment may be made; S. 26 provides for the disposal of such applications; S. 26A confers powers on the State Bar Council to remove any name from its roll; S. 27 provides that where State Bar Council has refused the application of any person for admission as an advocate, n