Monday, November 29, 1999

Advocate moves HC to quash Bar Council of India resolution

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Chennai, Jun 17 (PTI) An advocate has moved the Madras High Court seeking to quash a Bar Council of India resolution, requiring students graduating in law from this year and intending to practice to pass an All India Bar Examination. Advocate M Radhakrishnan in a PIL submitted that BCI''s decision was contrary to Chapter IV of Advocates Act on the right of advocates to practise law and did not require them to possess a ''Certificate of Practice'' issued by BCI. The impugned resolution of April 10, besides being against Chapter IV, was violative of Article 14 of the Constitution, the petitioner claimed. He submitted that since BCI has already prescribed the standards of legal education to be observed by universities in the country, it could not again hold any test in the very subjects it had already prescribed. As per law, a degree in law was sufficient for one to get enrolled as an advocate and commence practice. This entitlement had been taken away by the impugned resolution imposing a condition which was superfluous, he said. Since BCI recognised degrees awarded by universities, the degrees could not be tested again for any reason whatsoever, the petitioner submitted and contended that impugned resolution was arbitrary and violative of the Constitution. When the matter came up today, the First Bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam ordered notice to the BCI..

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