FINALREPORT - The Bar Council of India

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Qualitative Improvement of the Legal Profession 39the Bar, implying that successful completion of a course of study at a lawschool would be the major determinant for entrance to the Bar.However, this did not entirely remedy the problem.In 1921, theprofession began to regulate law schools by determining the standards ofquality to be complied with. Because the unapproved law schools did nothave to abide by any standards for legal education, the rigors of theirprograms varied, and they generally had relatively lower standards ofinstruction. The resulting disparity between approved and unapprovedlaw schools is cited as the principle reason for the introduction of astandard written bar examination. The bar exam was increasingly seen asa means of ameliorating the standards of the inferior law schools.In the 1920s, the concept of ‘diploma privilege’ as a means of admission tothe Bar decreased when the American Bar Association (hereinafterreferred to as ‘ABA’) stated “…graduat(ion) from a law school should notconfer the right of admission to the Bar, and that every candidate should besubject to an examination by public authority to determine his fitness…”Thereafter, in 1971, ABA and the National Conference of Bar Examinersreaffirmed this position by resolving as follows: 9“Bar examinations….encourage law graduates to studysubjects not taken in law school. They require the applicant toreview all he has learned in law school with a result that he is9Id at 1201.REPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION
Qualitative Improvement of the Legal Profession 40made to realize the interrelation of the various divisions of thelaw—to view the separate subject courses which he took in lawschool as a related whole. This the curriculum of most lawschools does not achieve. Also it is the first time many of theapplicants will have been examined by persons other thanthose who taught them, a valuable experience in preparationin appearing before a completely strange judge.”Additionally, it has also been observed that the bar exam is a relativelyinexpensive and straightforward method that persuades law colleges todevelop curriculum in accordance with contemporary practices, helpskeep law schools honest in their evaluations of students, and creates a fairuniform standard which improves the quality of lawyers, judges, and theprofession as a whole. 10 An added advantage is that the bar exam requiresrecent graduates to review in a short space of time a great deal of whatthey have learned during their years of instruction.In India, the requirement of training with a senior member of the Barhad, in fact, been present even before the enactment of the Advocates Act,1961, wherein a prospective lawyer was required to ‘train’ in the chambersof a lawyer for a period of one year, and then appear in an examinationcomprising the subjects of civil and criminal procedure.10Whitman, A. Dale, Notes from the Joint Working Group Conference: Redefining theBar Examination, (2005)REPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION
Page 1 and 2: IN THE SUPREME COURT OF INDIACIVIL
Page 3: ForewordiDuring the course of heari
Page 7 and 8: ForewordvAlso immensely helpful wer
Page 9 and 10: Constitutional and Statutory Framew
Page 20 and 21: The Vision for Reform 13basis that
Page 22 and 23: The Vision for Reform 15academia ov
Page 24 and 25: The Vision for Reform 17being grant
Page 26 and 27: The Vision for Reform 19Working Gro
Page 28 and 29: The Vision for Reform 21consultancy
Page 30 and 31: The Vision for Reform 23(i)Role of
Page 32 and 33: The Vision for Reform 25progressive
Page 34 and 35: The 2008 BCI Rules 27education has
Page 36 and 37: The 2008 BCI Rules 29minimum percen
Page 38 and 39: The 2008 BCI Rules 31(iv) there is
Page 40 and 41: The 2008 BCI Rules 33Provided that
Page 42 and 43: The 2008 BCI Rules 35a) Temporary a
Page 44 and 45: Qualitative Improvement of the Lega
Page 52: Qualitative Improvement of the Lega
Page 56 and 57: Conclusions and Recommendations 49P
Page 58 and 59: Conclusions and Recommendations 51I
Page 60 and 61: Conclusions and Recommendations 53(
Page 62 and 63: Conclusions and Recommendations 55w
Page 64 and 65: Appendix 1 57size of its student po
Page 66 and 67: Appendix 1 59The minimum investment
Page 68 and 69: Appendix 1 61Education. The Centre
Page 70 and 71: Appendix 2 63REPORT OF 3-MEMBER COM
Page 72 and 73: Appendix 3 65LIST OF MEMBERS OF THE
Page 74 and 75: Appendix 4 67THE BAR COUNCIL OF IND
Page 76 and 77: Appendix 4 69RESOLUTION:RESOLVED th
Page 92: Appendix 5 85REPORT OF 3-MEMBER COM

FINALREPORT - The Bar Council of India

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