Appeal to High CourtBar Council of India after Directions from Madras High Court

October 12, 20150

The Bar Council of India (BCI) , as per Deccan Herald,  on Sunday decided to file an appeal against a Madras High Court judgment dated 6th October 2015

In the aforesaid judgement, Justice N Kirubakara   has passed 14  instructions and prominent amongst them as below :

a.Scrapping of 3-year degree course and retaining only the five-year programme,

b.BCI to ensure no person facing any criminal case, except minor ones, should be enrolled as an Advocate,

c.Order to the BCI to withdraw recognition to multiple advocates’ associations so as to maintain a one-court-one-bar-association policy,

d.Suggestion for sweeping changes in the BCI’s functioning and alsohanding over of its functions to an expert body, consisting of academicians, legal luminaries, social workers, retired police and IAS officers and doctors, and headed by a retired Supreme Court judge permanently or till the Advocates Act is suitably amended etc

It is pertinent to note that that the BCI in its resolution has pointed out that the Court cannot give directions that are Executive in nature as has been ruled by the Supreme Court in various judgments.

“We can’t bar anyone from getting enrolled merely on the basis of a criminal case as it would violate the principle of natural justice. Further, we can’t replace the three-year degree course with the five-year course only as it would require an additional two years for a candidate to complete his post-graduation.

One has to wait for an outcome to conclude as to  what will be the structure of BCI ,Advocates Act and law courses in near future in India 

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