JOIN USThe Supreme Court on Friday left it to the Constitution bench to decide if a law graduate has to pass an examination to qualify as practicing advocate.
A three-judge bench presided over by Chief Justice T S Thakur said that the questions relating to pre-enrollment or post-enrollment examination or training would be decided by a five-judge bench.
The bench framed three questions for answer by the Constitution Bench in deciding the challenge to the All India Bar Exam.
The three questions to be considered by the Constitution bench are firstly, whether Bar Council of India (BCI) can prescribe a pre-enrolment training in terms of the BCI (Training) Rules, 1995 as framed under Section 24 (3)(d) of the Advocates Act, 1961.
Secondly, whether a pre-enrolment exam can be prescribed by the BCI as a condition precedent for enrolment and, thirdly, if these two questions are answered in the negative, then whether a post-enrolment exam can be validly prescribed.