FINALREPORT - The Bar Council of India

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Qualitative Improvement of the Legal Profession 41Thereafter, Section 24(1)(d) of the Advocates Act, 1961 continued therequirement of apprenticeship for graduate law students. The provisionwas, however, omitted in the year 1973, thereby discontinuing thepractice. Vide the same amendment, Section 28(2)(b), which enabled theState Bar Councils to frame rules regarding training and bar examination,was also omitted.In the year 1994, in order to check the declining standards of the legalprofession, Justice Venkatachaliah, the then Chief Justice of India,constituted a High-Powered Committee on Legal Education, comprisingJustice A.H. Ahmadi, Justice B.N. Kirpal and Justice M. Jaganaddha Rao.It was this Committee which strenuously recommended the reintroductionof the requirement for apprenticeship and a barexamination.The Bar Council of India (Training) Rules, 1995 were,therefore, framed by BCI in furtherance to the mandate of the HighPowered Committee.The Training Rules were, however, struck down by the Supreme Court inthe V. Sudeer case, holding that once the express provisions vis-à-visapprenticeship and bar examination i.e. Sections 24(1)(d) and 28(2)(b),had been omitted by way of an express statutory amendment, therequirement could not be re-introduced by way of subordinate legislation,particularly when the rule-making power had also been expressly omitted.REPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION
Qualitative Improvement of the Legal Profession 42It is pertinent to note that although the Training Rules were declaredultra vires, the Court emphasized upon the necessity of such provisions,particularly in light of the declining standards in the legal profession. Thefollowing observations of the Court are noteworthy in this regard:“31. Before parting with these matters, it is necessary to notethat in the light of the experience of various Courts in whichadvocates are practising since the time the Advocates Act hascome into force, the Law Commission of India and otherexpert bodies that were entrusted with the task of suggestingimprovements in the standards of legal education and legalpractitioners felt it necessary to provide for compulsorytraining to young advocates entering the portals of the Courtrooms. Training under senior advocates with a view to equipthem with court craft and to make them future efficientofficers of the court became a felt need and there cannot beany dispute on this aspect. In fact, the question of makingsome suggestions regarding admission to law Colleges,syllabus, training, period of practice at different levels of courtsetc., was taken up as Item No. 16 in the last Conference of theChief Justices held in December, 1993. The Conferenceresolved that Hon'ble the Chief Justice of India be requested toconstitute a Committee consisting of Hon'ble Mr. Justice A.M.Ahmadi as its Chairman, and two other members to benominated by Hon'ble the Chief Justice of India to suggestappropriate steps to be taken in the matter so that the lawgraduates may acquire sufficient experience before theybecome entitled to practise in the courts. The said High PowerCommittee, after inviting the views of the Chief Justices andState Bar Councils as well as the Bar Council of India madevaluable suggestions. The relevant suggestions in connectionwith legal education are suggestion Nos. 1, 12, 13, 15, 16which are required to be noted. They read as under: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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