JALDI

Jaldi-Vidhi

Bar Council of India v. Bonnie Foi Law College

Case details and hearing information from the Constitution Bench Pendency Portal.

583

Message
show

Bar Council of India v. Bonnie Foi Law College

This case deals with a challenge to pre-enrollment examination mandated by the Bar Council of India

Petitioners Arguments
The Rules are within the power of the Bar Council of India and are reasonable and justified while being within the purview of the constitutional rights guaranteed to the citizens of India. The Rules are essential to allow only highly trained and qualified professionals to practise law in India.
Responders Arguments
In a tagged matter of Parthsarthi Mahesh Saraf v. Union of India [W.P.(C) No. 25/2021], the petitioner has submitted that the Bar Council is proceeding to conduct examinations in the absence of any statutory provision in that regard. Section 7 of the Advocates Act, 1961 lays down the statutory functions of the Bar Council of India and makes no mention of conducting a Bar Examination. These provisions therefore do not entitle the Bar Council to to frame such Rules which prescribe a pre-condition before enrollment of an applicant as an Advocate under the Act. Both Section 24(3)(d) and Section 49 of the Advocates Act cannot be extended to grant this power to the Bar Council of India. The Bar Council of India has mandated that the legal profession can be entered into only after pursuing a Law Degree for three years after graduation. This implies that the age of entry in the profession is higher than other professions and hence a further examination or practical training should not be mandated.
Last Listed On
2023-02-10
Start Date
2016-03-18
End Date
2023-02-10
Card Stage Date
2023-02-10
Review Petition No
SLP(C) No. 22337/2008
Case Status
Archive
Bench Status
Constituted
Subject Matter
Civil Law
Disposal Time
6 years, 10 months, 23 days

5 Judge Bench

Judgment delivered

Consider As Stage Of Pendency
false

Date of institution of case

Date of reference to 5 Judge Bench

Judgement pronounced

This Special Leave Petition filed by the Bar Council of India (BCI) raises serious questions regarding affiliation and recognition of Law Colleges by the BCI. In one of its orders , the Supreme Court noted that it was a part of common knowledge that before granting affiliation or recognition, proper steps were not taken. Looking at the gravity and seriousness of the matter, the court requested the Solicitor General and the President of the Bar Association and the Chairman, BCI to look into the matter seriously and submit a report to the Apex Court. The Committee gave a comprehensive report and pointed out a number of shortcomings in the infrastructure and functioning of Bonnie Foi Law College. During the course of the proceedings, the BCI decided to introduce the Bar Examination . This step by the BCI led to the issues that have been referred to the Constitution Bench by the Supreme Court.

Could pre-enrollment training in terms of Bar Council of India Training Rules, 1995 framed under Section 24(3)(d) of the Advocates Act, 1961 be validly prescribed by the Bar Council of India and if so whether the decision of the Supreme Court in Sudeer v. Bar Council of India [(1999) 3 SCC 176] requires reconsideration? Can a pre-enrollment examination be prescribed by the Bar Council of India under the Advocates Act, 1961? In case the first two questions are answered in the negative, could a post-enrollment examination be validly prescribed by the Bar Council of India in terms of Section 49(1)(ah) of the Advocates Act, 1961?

Advocates Act, 1961

Bar Council of India Training Rules, 1995

A three-judge bench of the Supreme Court was of the view that the questions that fell for determination in this case were of considerable importance affecting the legal profession in general and needed to be authoritatively answered by a Constitution Bench of the Supreme Court. Accordingly, it referred this matter to a five-judge bench for its consideration.

Sudeer v. Bar Council of India [(1999) 3 SCC 176]

Sunil v. Union of India

Case No
T.C.(C) No. 75/2012

Final Report: Of The 3-Member Committee On Reform Of Legal Education

Final Report: Of The 3-Member Committee On Reform Of Legal Education
Source Of Info
Bar Council of India

Deferring the Bar Exam and Mulling on Sudeer

Deferring the Bar Exam and Mulling on Sudeer
Source Of Info
SpicyIP
Date Of Fr
2010-05-13