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Showing contexts for: moot problems in V.Sudeer vs Bar Council Of India & Anr on 15 March, 1999Matching Fragments
Point Nos.2 & 3: In view of our findings on point no.1, it is not necessary to consider these two points and, therefore, were not answered. Before parting with these matters, it is necessary to note that in the light of the experience of various Courts in which advocates are practising since the time the Advocates Act has come into force, the Law Commission of India and other expert bodies that were entrusted with the task of suggesting improvements in the standards of legal education and legal practitioners felt it necessary to provide for compulsory training to young advocates entering the portals of the Court rooms. Training under senior advocates with a view to equip them with court craft and to make them future efficient officers of the court became a felt need and there cannot be any dispute on this aspect. In fact, the question of making some suggestions regarding admission to law Colleges, syllabus, training, period of practice at different levels of courts etc., was taken up as Item No.16 in the last Conference of the Chief Justices held in December, 1993. The Conference resolved that Honble the Chief Justice of India be requested to constitute a Committee consisting of Honble Mr.Justice A.M.Ahmadi as its Chairman, and two other members to be nominated by Honble the Chief Justice of India to suggest appropriate steps to be taken in the matter so that the law graduates may acquire sufficient experience before they become entitled to practise in the courts. The said High Power Committee, after inviting the views of the Chief Justices and State Bar Councils as well as the Bar Council of India made valuable suggestions. The relevant suggestions in connection with legal education are suggestion nos.1, 12, 13, 15, 16 which are required to be noted. They read as under : 1. In laying down the standards of Legal Education, the Bar Councils Legal Education Committee constituted under Rule 4 of Chapter III of the Bar Council of India Rules, 1965 must reflect the participation of representatives of (1) the Judiciary, (2) the Bar Council and (3) the U.G.C. It is proposed that the Rules be amended and the Legal Education Committee be restructured to involve the bodies above-mentioned. Xx xx xx 12. Rule 21 of the Bar Council Rules directing that every University shall endeavour to supplement the lecture method with case method, tutorials and other modern techniques of imparting Legal Education must be amended in a mandatory form and it should include problem method, moot courts, mock trials and other aspects and make them compulsory. 13. (i) Participation in moot courts, mock trials, and debates must be made compulsory and marks awarded, (ii) Practical training in drafting pleadings, contracts can be developed in the last year of the study, and (i ii) Students visits at various levels to the Courts must be exposu re. ma de compulsory so as to provide a greater Xx xxxx 15. Entrance into the Bar after 12 months@@ II or 18 months of Apprenticeship with Entry Examination. For obtaining the Licence/Sanad from State Bar Councils it must be prescribed that one should secure at least 50 per cent or 60 per cent marks at the Bar Council Examination. 16. So far as the training under a Senior Lawyer during the period of one year or 18 months of apprenticeship, the Act or the Rules must stipulate that the senior must have at least 10 or 15 years standing at the District Court/High Court and the students diary must reflect his attendance for three months in the grass root level in a civil court and for three months in a Magistrates court and at least six months in a district court. The Advocate in whose office he works must also certify that the student is fit to enter the Bar. Unless these formalities are completed, the student should not (sic) be permitted to sit for the Bar Council Examination. Xx xx xx It is true that these suggestions of the High Power Committee clearly highlighted the crying need for improving the standards of legal education and the requirements for new entrants to the legal profession of being equipped with adequate professional skill and expertise. There also cannot be any dispute on this aspect. However, as the saying goes a right thing must be done in the right manner. We appreciate the laudable object with which the Bar Council of India has framed the impugned rules for providing training to the young entrants to the profession by laying down details as to how they should get appropriate training during their formative years at the Bar. Unfortunately, for the Bar Council of India that right thing has not been done in the right manner. We equally share the anxiety of the Bar Council of India for evolving suitable methods for improving the standards of legal education and legal profession. The aforesaid recommendations made by the High Power Committee could have been put into practice by following appropriate methods and adopting appropriate modalities by the Bar Council of India. Unfortunately, the attempt made by the Bar Council of India by enacting the impugned rules has resulted into firing at the wrong end though backed up by a very laudable purpose. We may in this connection usefully refer to what the High Power Committee itself observed at page 30 of the Report in connection with Entrance into the Bar after 12 months or 18 months of Apprenticeship with Entry Examination : Section 28(2) (b) of the Advocates Act, 1961 as it stood in 1961, empowered the State Bar Councils to make Rules for practical training in Law Courts and for a Bar Council Examination. In exercise thereof Rules were framed by Bar Councils in the States prescribing the training and Bar Council Examination. Unfortunately the same was omitted later on in the Act by amendment and this has been the second major factor responsible for the deterioration of standards in the legal profession. Now that the Bar Council of India is wanting the reintroduction of Section 28(2)(b) by Parliament for training the Law Graduates for a period and for conducting the Bar Council Examination, the Central Government must soon re-enact the provision. But the new section must say that the method of training and the Examination must be such as may be prescribed by the Chief Justice of India after considering the views of the Bar Council of India. As this matter pertains to entry into the legal profession for practice in Courts, the final authority in this behalf must be with the Chief Justice of India but after obtaining the views of the Bar Council of India. So far as the percentage of marks to be obtained for purposes of receiving a licence/sanad from the State Bar Councils, it must be prescribed that one should secure at least 50 per cent or 60 per cent marks at the Bar Council examination. So far the training under a senior Lawyer during the period of one year or 18 months of apprenticeship, the Act or Rules must stipulate that the senior must have at least 10 or 15 years standing at a District Court/High Court and that the students diary must reflect his attendance for three months in the grassroot level in a Civil Court and for three months in a Magistrates Court and at least six months in a District Court/High Court. The Advocate in whose office he works must also certify that the student is fit to enter the Bar. Unless these formalities are completed, the student should not be permitted to sit for the Bar Council Examination above-mentioned.