The Bar Council of India (BCI)'s decision that law graduates passing out from this year and intending to take up practice will have to pass an All India Bar Examination has been challenged in the Madras High Court.
In a public interest litigation petition, M. Radhakrishnan of George Town, an advocate, submitted that the council's decision was contrary to Chapter IV of the Advocates Act, which spoke about the right of advocates to practise law.
The provision did not require an advocate to possess a Certificate of Practice issued by the BCI. The impugned resolution of April 10, besides being against Chapter IV, was violative of Article 14 of the Constitution.
The petitioner submitted that the BCI, having already prescribed the standards of legal education to be observed by universities, could not again hold any test in the very subjects it had prescribed.
As per law, a degree in law was sufficient for one to enrol as an advocate. Once he became an advocate he was entitled to practise. This entitlement of an advocate had been taken away by the impugned resolution by imposing a condition of educational qualification other than a law degree, which was superfluous.
Since, the council recognised degrees awarded by universities, advocates who possessed the degree could not be tested again for any reason whatsoever. Thus, the impugned resolution was arbitrary and violative of the Constitution.
The petitioner prayed the court to call for the records relating to the BCI's resolution and quash the same.
When the matter came up on Thursday, the First Bench, comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam, ordered notice.
