HC issues notice to Bar Council

The Punjab and Haryana High Court on Friday issued notices to the Bar Council of India,Union of India and Bar Council of Punjab and Haryana over a petition challenging the recent decision of the BCI that fresh law graduates will have to pass the All India Bar Examination to be join the profession.

The Punjab and Haryana High Court on Friday issued notices to the Bar Council of India (BCI),Union of India and Bar Council of Punjab and Haryana over a petition challenging the recent decision of the BCI that fresh law graduates will have to pass the All India Bar Examination to be join the profession. A division bench headed by Justice M M Kumar today issued the notices.

Four law students of Panjab University had challenged the decision and also made the Bar Council of Punjab and Haryana along with Union of India opposite parties in the petition.

The petitioners were astonished on learning from the website of BCI that No advocate enrolled under Section 24 of the Advocates Act,1961 shall be entitled to practice under Chapter IV of the Advocates Act,1961,unless such advocate successfully passes the All India Bar Examination conducted by the Bar Council of India. It is clarified that the Bar Examination shall be mandatory for all law students graduating from the academic year 2009-2010 and onwards and enrolled as advocates under Section 24 of the Advocates Act,1961,reads the petition filed though senior advocate Sanjay Bansal. The senior advocate contended that the right to practice cannot be truncated by the BCI by imposing unreasonable conditions as it would amount to legislating and not regulating the practice of law by advocates.

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