Bar Council of India
The Bar Council of India (BCI) is a statutory body that was established in 1961, through section 4 of the Advocates Act. The purpose of the BCI is to regulate the legal practice and legal editions in India. The lawyers elect the members of BCI and such lawyers also represent the Bar. It lays down guidelines for professional conduct, etiquettes, and exercises disciplinary jurisdiction over the bar. It biannually conducts the All India Bar Council Examination since 2009 which the law graduates have to pass only then they shall be allowed to practice in the courts. BCI promotes legal education and sets standards for the same.
All India Judges Association Vs Union of India And Ors 8 Feb 2001
In this case, the Supreme Court passes judgment on the pay scale and service condition of the members of the subordinate judiciary. It also directed the state government to separately examine and review the pay structure of the judicial officers and constitute the pay commission for its members. It also directed to increase the retirement age of the judges. The court also directed the High Courts and lower courts to do away with the compulsory requirement of 3 years of standing experience for the eligibility to appear for the judicial services.
The Issues raised by BCI
The Bar Council of India file an impleadment application in the Supreme Court of India. The Object behind the filing of application is to make it compulsory for the law graduates to have a minimum of 3 years of experience to sit for the judicial service exam. The arguments forwarded by BCI are that the judicial officers who don’t have practical knowledge are considered incapable of handling the matters of the court. They don’t have a basic understanding of practical matters and are often impolite towards the members of the bars and litigants. They are neither able to fulfill the expectations of the advocates nor of the litigants. The inexperience at the bar is the primary reason for the delay of proceedings and that leads to delay in disposal of the cases.
The BCI seeks to modify the decision of the Supreme Court in the case of All India Judges Association Vs Union of India. The Supreme Court in this case did away with the requirement of 3 years of experience for the eligibility to appear for the judicial services.
How this affects the law graduates
If the Supreme Court makes it compulsory for law graduates to have a minimum of 3 years of experience for the eligibility to appear for the judicial services then it will affect more than 70,000 aspirants as this is the number of graduates who apply for the judicial services every year. The direct outcome of this will be that the minimum and maximum age limit of 21 to 35 years will have to be increased for the appearance of judicial services. It will be very difficult for judicial services aspirants to work in the court as well as prepare for the judiciary exam. This decision if passed might make people less interested in judicial services instead make them more interested in litigation.
Conclusion
Thus personally I believe this plea filed by the BCI is in good faith and if it is accepted by the Supreme Court it has the potential to change the face of the Indian judicial system. The judicial officers will be more informed about the practicality of the court and would be able to dispose of the cases more efficiently. There would be more respect and admiration for the work done by the advocates and judges. However it might make people not opt for law study as the course for graduation in law is already of 5 years and further, there will be needed for 3 years of experience in litigation it might make people approach other career opportunities.
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