Based on the scores young lawyers score on an online legal aptitude test, they could be placed among lawyers designated as lead lawyers or those aged 25 at the bar association, the affidavit, filed April 11, revealed. “The complainant forms a high-level committee to review the legal and constitutional validity of mandatory room placement with senior lawyers or lawyers who have years of advocacy on behalf of young law graduates, or a fair system for young people to find a room placement. After concluding on the implementation of this issue, each of these lawyers will be asked to hire at least 5 of these juniors in their chambers,” reads the affidavit, which was filed before a chamber headed by Judge Sanjay Kishan Kaul. Backed by lead counsel and amicus curiae KV Viswanathan, the bank stressed on March 15 that legal education standards would not improve until BCI tightened the standard for examinations, maintained strict entry-level controls, and ensured constant oversight of law schools to determine a specific educational standard. He claimed that BCI members had conspired through the above-mentioned Article 28 to lessen competition for their constituents and had created indirect barriers to the legal profession. He also alleged that BCI members who manage BCI`s operations abuse BCI`s dominant position in controlling legal education in India. At the same time, BCI pointed out that law schools can only be established and closed by universities and state governments concerned, and that the regulator therefore plans to revoke the license to give legal training courses at such a university. In the present case, the Commission found that BCI was a statutory body established under section 4 of the Advocates Act 1961. Section 7 of the Act sets out the tasks of the BCI, including the promotion of legal education in India and the establishment of standards for such education in consultation with Indian universities and state bar councils.

In addition, section 49 of the Advocates Act 1961 empowers the BCI to make rules governing the exercise of its functions under that Act, such as: the prescription of qualifications and disqualifications to become a member of a council of the Bar Association, minimum qualifications for admission to a law degree at a recognised university, setting legal education standards for Indian universities, etc. Thus, it should be noted that the BCI appears to carry out tasks of a regulatory nature with regard to the legal profession. With regard to the issue of admission to law schools, the BCI pointed out that although entrance examinations are currently organized by the university concerned, “it is proposed that the Legal Education Committee and the BCI Advisory Council consider the introduction of a state-level entrance test for admission to law schools at its next meeting”. The Advisory Council consists of the Chief Justice of India and nine other judges of the Supreme Court, as well as the Union Minister of Justice, Vice-Chancellors of various universities, senior lawyers, academics, social activists and parliamentarians. The BCILE 2020 regulation (§ 6) abolishes the one-year Master of Law and stipulates that the LL.M degree consists of 4 semesters (2 years). The Bar Council of India organizes a Common Law Entrance Test (PGCETL) for admission to Master of Laws at all universities, and until the introduction of PGCETL, the current system of the respective universities will be followed. Once the BCI introduces PGCETL, it is mandatory to admit students from the test transcript. Applicants for admission must submit the PGCETL grade for admission to a Master of Laws degree from a recognized law school/legal education center, and admission is based on merit, subject to the classification and reservation rules in the relevant state (§8). The applicant from the bench came when he heard an appeal from BCI against an order of the Supreme Court of Gujarat allowing a woman to register as a lawyer without leaving her job by an order in November 2020.

BCI argued that the decision would open the floodgates for such applications, even though the rules explicitly state that no one can register as a lawyer while holding another job. The Bar Council of India Trust, in cooperation with any national law college/university with a high accreditation rate and the State Bar Councils, may regularly or regularly organise some or all of the following continuing education programmes: 49. General power of the Bar Council of India to make rules.― 1 [(1)] The Bar Council of India may make rules for the exercise of its functions under this Act: and in particular, such rules may prescribe: BCI Trust may organize paralegal courses (including surveying, legalization, registration and other judicial work of court management and bar associations) and technology and court management of a Reasonable duration online and/or offline to facilitate paralegal work and court management to cover up-to-date education and training. BCI Trust may request assistance for this purpose and may call upon the services of the National Legal Services Authority and State Legal Service Agencies. The BCILE Rules 2020 do not address the composition of the Legal Education Committee. Section 10 § 2 (b) of the Lawyers Act 1961 empowers the Bar Council to appoint a legal education committee consisting of ten members, five of whom are elected by the Council from among its members and five persons co-opted by the Council who are not members. (2) (b) the provision of legal aid or advice in accordance with the rules laid down for that purpose. (af) the minimum qualifications required for admission to a programme of study in law at a recognized university;(d) the standards of legal education to be observed by Indian universities and the inspection of universities for this purpose; (e) foreign legal qualifications acquired by persons other than Indian nationals recognized for the purposes of admission to the Bar under this Act; The BCI is an elected body of lawyers in India. It regulates legal practice as well as legal education in India. It enjoys a dominant position in the control of legal education as well as legal practice in India. Experienced lawyers may soon have to welcome at least five young lawyers into their firms, according to an affidavit filed by the Bar Council of India (BCI) with the Supreme Court on a series of proposals to reform the country`s legal education. In CCI, the applicant submits that clause 28 of Schedule III, Rule 11 of Part IV – Legal Education Rules, 2008, forms part of the Bar Council of India Rules published under the Advocates Act 1961 which exclude from legal education candidates in the general category who have reached the age of over 30 years.

The OFM would have imposed maximum age restrictions on newcomers to legal education, creating indirect barriers for new entrants to the legal profession. The clause 28 at issue was adopted by the BCI in violation of Article 4 of the Law by “abusing its dominant position”. Thus, the BCI would also have engaged in a colorful exercise of power. The Bar Council of India, through the B.C.I. Trust, is implementing two professional effectiveness training courses reserved for lawyers registered with a council of the State Bar, as follows: A combined reading of the above sections means that the Bar Council of India has the authority to regulate the legal education required for the purposes of registration as a lawyer.