Indian Kanoon - Search engine for Indian Law

d) for a direction to the BCI and the State Bar Council to enrol them as Advocates.

In pursuance of interim orders petitioners have been enrolled as Advocates, subject to the final decision in the writ petitions.

5. During the course of arguments, learned counsel for the petitioners submitted that if the BCI and State Bar Council are directed to enrol them as Advocates or if the petitioners' enrolment in pursuance of the interim orders is not disturbed, they will not press their prayers in regard to constitutional validity of Sections 7(1)(m) and 49(1)(j) of the Advocates Act, 1961 (for short, the Act) and Rules 12 and 13 of Section B of Part IV of the Bar Council of India Rules (for short, the Rules). The petitioners contend that the degrees of law obtained by them from Bangalore University by undergoing a course of study in law in a college affiliated to the said University was sufficient to get themselves enrolled; and they were not concerned with approval by BCI, of the affiliation of their College to the Bangalore University.

12. The learned counsel for BCI contended that BCI has prescribed some additional conditions to be fulfilled by candidates for admission as Advocates. Reliance is placed on Rules 1 and 12 of the Rules to contend that the candidate should have completed the law course in a college whose affiliation to an University is said requirement. But Sections 24 and 24A alone govern enrolment and they do not contemplate BCI, by Rules, prescribing any additional requirement to be fulfilled by a candidate seeking enrolment. BCI's recognition (by way of approval of affiliation) of a college where the candidate undergoes the course of study is not one of the condition to be fulfilled, for enrolment under Section 24. Such a requirement, even if it is prescribed by BCI under its Rules, will not be binding or relevant for admission as advocate on a State Roll, if he otherwise fulfils the requirements of Section 24 of the Act and does not suffer from the disqualifications enumerated in Section 24A.

20. Rule 1(2) and 12 no doubt refer to recognition of college by BCI by approving the affiliation of Colleges to a university. But that is not by way of addition of a condition for enrolment under Section 24. The said Rules are made by BCI in exercise of the power under Section 7(1)(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education. Section 7 also makes it clear that the function of BCI is to recognise the Universities whose degree in law shall be a qualification for enrolment as an advocate, and not to 'recognise' colleges affflliated to Unversities. To reiterate, the statutory framework of Advocates Act as it stands at present does not empower BCI to prevent in any manner, persons who have undergone a course of study in law in college affiliated to an University and who have obtained a law degree from such university recognised by BCI from being enrolled as Advocates.

21. Learned counsel for the BCI strenuously argued that BCI is attempting to ensure the maintenance of the standards in legal education in law colleges, by requiring them to confirm to certain minimum infrastructural requirements prescribed in Rules and by providing for BCIs approval of affiliation to the university, and that if students of a college, whose affiliation to the University was not approved by BCI are permitted to be enrolled, its efforts to maintain the standards of legal education will receive a set back, we are not unmindful of the steps taken by BCI In promoting legal education and laying down of standards of legal education. But BCI can do so only within the framework of the statute. The statutory functions/powers of BCI does not extend to imposing additional conditions for enrolment, in excess of what is prescribed in Section 24. Recognition/approval of the Law College by BCI, can be made a condition for enrolment of students of that college, either by the State Bar Councils prescribed such a requirement by making Rules under Section 24(1)(e) or by appropriate amendment of the Advocates Act or the legislation governing University. In fact from the academic year 2002-2003, this has been done in an indirect manner fry the Karnataka State Universities Act, 2000, which has replaced the Karnataka State Universities Act, 1976, with effect from 12-9-2001. Section 59 of the new Act deals with affiliation of colleges. Sub-section (1) provides that the colleges within the University area shall, on satisfying the conditions specified in the said Section, be affiliated to the University as affiliated colleges of the University on the recommendation made by the State Government. Sub-section (13) provides that sanction of such affiliation for a law colleges shall, however, be subject to such college obtaining the prior approval of the Bar Council of India. Thus the position under the new Act is that no new law college can seek affiliation with any university in Karnataka unless such new college has obtained the prior approval for such affiliation from the BCI. Be that as it may.