FINALREPORT - The Bar Council of India

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Constitutional and Statutory Framework 1There is no specific entry in Schedule VII to the Constitution of India thatdeals with legal education. The regulation of standards of legal education,therefore, is through the more generic entries pertaining to highereducation and entitlement to practice before courts.‘…Coordination and determination of standards in institutions for highereducation…’ is the subject matter of Entry 66 of List I of the SeventhSchedule to the Constitution of India. Entry 25 of List III also pertains toeducation, and reads as follows:“25. Education, including technical education, medicaleducation and universities, subject to the provisions ofEntries 63, 64, 65 and 66 of List I; vocational and technicaltraining of labour.”Entries 77 and 78 of List I are concerned, inter alia, with the entitlementof persons to practice before the Supreme Court and the High Courts.The Entries read as follows:“77. Constitution, organization, jurisdiction and powers ofthe Supreme Court (including the contempt of such court)and the fees taken therein; persons entitled to practice beforethe Supreme Court.78. Constitution, organization (including vacations) of theHigh Courts except provisions as to officers and servants ofREPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION
Constitutional and Statutory Framework 2High Courts; persons entitled to practice before the HighCourts.”It is with reference to Entries 66, 77 and 78 of List I that the Parliamenthas enacted laws for the regulation of professional legal education inIndia. The regulation is partaken by two statutory bodies constitutedunder the above-mentioned laws – the Bar Council of India as the apexprofessional body concerned with the standards of the legal profession,and the University Grants Commission as an umbrella organization forall institutions of higher education.a) The Bar Council of IndiaIt has been held by the Supreme Court in the matter of Bar Council ofU.P. vs. State of U.P., AIR 1973 SC 231, that the Advocates Act, 1961,under Section 4 of which the Bar Council of India (hereinafter referred toas ‘BCI’) has been constituted, is an enactment made pursuant to Entries77 and 78 of Schedule VII i.e. it is with respect to the subject matter of‘…persons entitled to practice…’ BCI is envisaged as the apex professionalbody for regulating and enforcing the standards to be observed bymembers of the Bar. In consonance with the various State Bar Councils,BCI is responsible for all matters relating and incidental to admission,practice, ethics, privileges, regulations, discipline and improvement of theprofession.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: ForewordvAlso immensely helpful wer
Page 12 and 13: 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
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Conclusions and Recommendations 51I
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Conclusions and Recommendations 53(
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Conclusions and Recommendations 55w
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Appendix 1 57size of its student po
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Appendix 1 59The minimum investment
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Appendix 1 61Education. The Centre
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Appendix 2 63REPORT OF 3-MEMBER COM
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Appendix 3 65LIST OF MEMBERS OF THE
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Appendix 4 67THE BAR COUNCIL OF IND
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Appendix 4 69RESOLUTION:RESOLVED th
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FINALREPORT - The Bar Council of India

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