The BCI rule requires a person to clear an all-India examination in order to enrol himself/herself as a lawyer after he/she gets the law degree.
A division bench of Gujarat high court has adjourned to August 9 the hearing of two petitions, including a PIL, challenging the newly introduced rule of the Bar Council of India (BCI). The BCI rule requires a person to clear an all-India examination in order to enrol himself/herself as a lawyer after he/she gets the law degree.
Both the petitions came up for hearing on Wednesday, but the court adjourned the hearing as the Supreme court is going to hear a similar petition on July 30.
On April 10, the BCI had adopted a resolution to conduct an All India Bar Examination for prospective lawyers. According to this, a person holding a law degree has to clear this exam in order to be eligible to practise. The exam will be held twice a year, the first being on December 5.
While an RTI activist has filed the PIL, six students of Gujarat University have filed a separate petition. Activist Babubhai Vaghela submitted in his PIL: "To conduct an exam for conferring the right to practise on the one who passes it would mean giving him/her the right to practise… It is an essential feature and subject of legislative policy, which has to come from Parliament. BCI cannot legislate an essential feature."
The other petition is by six students, who have completed their law degree from Gujarat University, and have applied to enrol as lawyers. "The petitioners after obtaining LLB (General) in academic year 2008-2009, also undertook study for getting LLB (Special), which would be conferred on them by GU. If the petitioners have undertaken a specialised study in law for one year after obtaining an LLB, and have successfully passed the examination, it would not be reasonable and proper to once again require the petitioners to give an all-India exam,'' said the petition.
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