The Bar Council of India proposed a plan with the Pinnacle Court to redesign legal education within the country

15-04-2022

Based on scores obtained by young lawyers in an internet legal aptitude test, they may be placed under lawyers designated as senior advocates or those with 25 years of standing at the Bar, the affidavit, filed on April 11, has revealed.

Senior lawyers may soon should give space to a minimum of five young lawyers in their chambers, in step with an affidavit filed by the Bar Council of India (BCI) within the Supreme Court on a raft of proposed reforms within the country’s legal education system.

Based on scores obtained by young lawyers in a web legal aptitude test, they may be placed under lawyers designated as senior advocates or those with 25 years of standing at the Bar, the affidavit, filed on April 11, has revealed.

The BCI was responding to a flurry of questions from the court on March 15 when the bench implored the regulatory body to usher in a slew of reforms -- ranging from the standards being followed by law colleges to placement of young law graduates.

Another significant change that BCI contemplates, relates to introducing a state-level entrance test for admission in law colleges rather than letting universities and colleges conduct their exams separately.

“The appellant is constituting a high-powered committee to test the legal and constitutional validity of compulsory chamber placement with senior advocates or advocates having years of standing at the Bar for young law graduates or to a good system for juniors to seek out placement in chambers. Upon reaching the conclusion on a way to implement this issue, each such advocate shall be requested to interact a minimum of 5 such juniors in their chambers,” stated the affidavit, filed before a bench led by justice Sanjay Kishan Kaul.

The affidavit, filed through advocate Durga Dutt on behalf of BCI, added that the council is additionally attending to frame a rule wherein online objective tests will must be undertaken by fresh law graduates and therefore the results of the net tests shall be valid for a period of six months.

Other junior Advocates shall also get placement under advocates having 15 to twenty years of experience. The Bar Council of India shall also request all such advocates throughout the length and breadth of the country to co-operate and contribute during this regard,” it said.

Assisted by senior counsel and advisor KV Viswanathan, the bench, on March 15, was emphatic that the standards of legal education wouldn't improve until BCI tightens the yardstick in examinations, maintains stringent control at the entry level and ensures constant monitoring of law colleges to determine a selected standard of education.

The poser from the bench came because it heard an appeal by the BCI against an order of the Gujarat tribunal, which allowed a lady to enroll as an advocate without quitting her job through an order in November 2020. BCI argued that the choice would open the floodgates for such requests, although the principles specifically state that no-one can enroll as an advocate while being gainfully employed in another job.

About evolving a good system for juniors to search out placement in chambers, the affidavit underlined that a panel has been constituted to scrutinise the chance of creating a rule obligating senior lawyers to accommodate fresh law graduates in their chambers.

BCI, on the problem of admissions to law colleges, noticed that while the doorway exams are presently conducted by the concerned University, “it is proposed that the legal education committee of BCI and planning board would consider introducing a state level entrance test for admission in law colleges in its next meeting.” 

The planning board comprises the justice of India and nine other judges of the Supreme Court, except Union law minister, vice-chancellors of assorted universities, senior lawyers, academicians, social activists and parliamentarians.

Addressing the court’s concerns over mushrooming law colleges and lowering of standards, BCI stated that it's earmarked about 500 institutions throughout the country which are sub-standard. “A team, led by some former judges/senior advocates and noted academicians plans to conduct surprise visits of such institutions. If any institution is found to be below standard, having neither sufficient faculties, nor infrastructure, then the legal education committee shall take immediate steps to shut such Institutions,” maintained the affidavit.

At the identical time, BCI emphasised that law colleges are often founded moreover as be shut only by universities and state governments concerned, and so, the regulatory body plans to withdraw the approval granted for running courses of legal education to such universities.

The affidavit further complained about the indifference of universities and state governments towards improving the infrastructure of government-run law colleges. “About 90% of the government-run colleges have an acute dearth of infrastructure and school (many unfilled vacancies for the last 15-20 years). In spite of repeated requests/warnings, state governments/universities aren't serious during this regard,” it added.

“Some government universities are recklessly granting affiliation to law colleges. Often state governments are granting NOC (No Objection Certificates) without examining/verifying the infrastructure. These are the hurdles in improving the quality of legal education and this ultimately affects the quality of the bar too,” complained BCI.

In order to discourage mushrooming of law colleges, BCI said, it imposed a three-year moratorium on opening new law colleges in August 2019, resolving it'll stress upon improving standards of existing law colleges. However, the Punjab and Haryana court held the moratorium unconstitutional for violating the proper to practice any profession or to hold on any occupation, trade or business under Article 19(10(g). Following the writ, BCI came out with a promulgation in June 2021 to clarify that the moratorium isn't any longer living.

The top court is predicted to require up BCI’s response on April 19.