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The Legal Education - Law Commission of India

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109<strong>The</strong> court held that once the relevant statutory provisions in sec. 24(1)(d) orin the proviso thereto were deleted and also when the subject <strong>of</strong> Trainingwhich was one <strong>of</strong> the items enumerated in clause (b) <strong>of</strong> subsection (2) <strong>of</strong>sec. 28, (sec. 28 being the section relating to rule making), was deleted in1973, the Bar Council <strong>of</strong> <strong>India</strong> could not have made any rule regardingTraining and such a condition had to be introduced only by an Act by theLegislature. It was also held that it was for the State Bar Councils tointroduce Training and that the Bar Council <strong>of</strong> <strong>India</strong> could not by itselfintroduce the Training.12.6 It must be noted that the Supreme Court in V. Sudheer’s case merelyconsidered whether the new Rules were ultra vires <strong>of</strong> the provisions <strong>of</strong> theAct. It did not say anywhere that Training was not necessary. On the otherhand, it expressly endorsed the need for reintroducing training andaccepted the recommendations <strong>of</strong> the Ahmadi Committee. It said: (pp.210-211)“Before parting with these matters, it is necessary to note that in thelight <strong>of</strong> the experience <strong>of</strong> various courts in which advocates arepractising since the time the Advocates Act has come into force, the<strong>Law</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> and other expert bodies that wereentrusted with the task <strong>of</strong> suggesting improvements in the standards<strong>of</strong> legal education and legal practitioners felt it necessary to providefor compulsory training to young advocates entering the portals <strong>of</strong>the courtrooms. Training under Senior Advocates with a view toequip them with court craft and to make them future efficient<strong>of</strong>ficers <strong>of</strong> the court became a felt need and there cannot be any

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