HC notice to Bar Council of India on law entrance test
The High Court on Tuesday ordered issue of notice to the Union Law ministry, Bar Council of India and Karnataka State Bar Council following a petition challenging the compulsory entrance test to the law students before enrolling as advocates.
The petitioner, Murali Prasad, a student of Sarvodaya Law College, Bangalore, had challenged the amendment carried out to the Rules of Bar Council of India - Conditions of Right to Practice, stating that the amendment was unconstitutional and illegal.
He had submitted that fixing additional qualification of passing a Bar Examination by BCI is irrational and ultra-vires and said that a person’s right to practice cannot be curtailed by way of a delegated legislation. Under the Advocates Act there is no provision to pass any exams apart from law degree.
The petitioner also cited the BCI submission to the Supreme Court to postpone the entrance exam to Dec 2010. “Postponement of exams also leads to hardship to the students who have completed their studies on June 2010,” the petitioner stated. He sought to quash the amendment made to the Bar Council of India. Justice Ajith J Gunjal, who heard the matter has ordered notice.
The bench directing the insurance company to release Rs 3.32 lakh which was deposited in the HC to the claimants.