HYDERABAD: With the Supreme Court’s recent order to constitute a separate Bar Council for Telangana within three months, the authorities of the AP Bar Council now believe that a separate High Court for AP will become a reality in 2019. Hence, the AP Bar Council, which is the common council for both states of AP and TS, has commenced the process for bifurcation of the council. As per the provisions of the AP Reorganisation Act 2014, both the states were to have separate Bar Councils and the advocates who were on the roster of the existing Bar Council had to give their option in writing within one year from the date of notification of principal bench of the separate High Court for AP.
In 2014, a single judge of the Hyderabad High Court granted an order to set up a separate Bar Council for Telangana within three months and aggrieved by the order, after a few days the Bar Council of India challenged the order before the Division Bench. While staying the single judge order, the Bench made it clear that the creation of a Bar Council of Telangana would arise only after a separate High Court for the state of Andhra Pradesh was constituted under Article 214 of the Constitution (read with Section 31 of the AP Reorganisation Act, 2014) and advocate generals of both the states would be the ex-officio members of the existing common council.
In fact, the Supreme Court has ordered the Bar Councils of the states to complete their elections by March 28, 2018. But the Bar Council of India (BCI) moved an application before the Supreme Court requesting for postponement of AP Bar Council elections as it would result to clashes among advocates of AP and Telangana. Mr N. Ramachandra Rao, member of the BCI, said, “While requesting the Supre-me Court, BCI has informed the Apex Court that it would withdraw its appeal pending before the Hyderabad High Court against the single judge order which would come in the way of constitution of separate bar council for Telangana state.”
He said that the Apex Court while considering the request of the BCI to constitute the Bar Council within three months, has now invited options from the advocates to transfer their enrollments. They have to submit their options by April 28. He said after completion of options, the process for constitution of separate bar council will be taken up.
