Bar exam: 5-judge bench to decide validity

Chief Justice of India T.S. Thakur, heading a three-judge bench, on Friday directed that a batch of petitions challenging the validity of the Bar Council of India rules mandating passing of an all-India bar examination to practise as an advocate be referred to a larger bench.

The bench, which included Justices R. Banumathi and Uday Lalit, appointed senior advocate K.K. Venugopal as amicus curiae to render assistance to the court and said the matter will be listed before a five-judge Constitution bench as important questions of law relating to the legal profession have been raised.

The CJI observed questions have been raised whether post-enrolment examination is justified. He said pre-enrolment training has already been quashed by the court. “If the amendment of the Advocates Act is required, we will recommend. It will be better if the matter is referred to a larger bench. The problem has to be settled once and for all.”

Mr Venugopal said: “We have been emphasising continuing legal education even after enrolment.” Bar Council of India chairman Manan Kumar Mishra and co-chairman S. Prabhakar represented the BCI.

The CJI asked counsel for parties to “prepare a list of points to be formulated and to be addressed by the court. What should be the points to be referred ” Pointing towards BCI chairman, the CJI said: “It is a matter of defining moment for the entire profession. It is time to introspect. Some are stabbing, some are fighting, and some are arguing.”

When counsel for those who had challenged the all-India bar exam submitted that they are not per se against the exam, the CJI asked all of them to give different dimensions of the issues. “We will pass an order. There is a right to practise.”

On Wednesday the CJI sitting with Justice Lalit observed that the BCI should step in and urgently reform the already over-crowded legal profession by ensuring stringent checks right at the entry stage. Just as you can’t have a half-baked doctor, you can’t have a half-baked lawyer. The BCI must introspect and lay down the foundation of such reforms.” The CJI said that every year 60,000 lawyers joined the bar. Only a fraction of them were from the national law schools. The rest were from other places.