The Legal Education - Law Commission of India

The Legal Education - Law Commission of India The Legal Education - Law Commission of India

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12.07.2015 Views

120graduates are proposed to be recruited straightaway as observed by theSupreme Court, at least a one-year apprenticeship and Bar examinationbefore enrolment, would be certainly advantageous and, in fact, will benecessary.12.22 We may also point out that in some countries, apart from trainingand Bar examination, there is also a requirement of periodical renewal ofthe permission to practice granted by the Bar Council. There aremandatory requirements for attending courses in continuing legaleducation. We do not have such a system. In that light, to insist upon oneyear training and Bar examination at the threshold before enrolment,cannot, in our view, be objected to seriously.12.23 We, accordingly, recommend reintroduction of training and Barexamination by the Bar Council of India as follows:(A) Insertion of clause (ha) in sub-section (1) of section 7 asfollows:“(ha) to ensure that sufficient practical training is imparted tocandidates seeking to enroll at the Bar, by way of attachmentto legal practitioners and also to prescribe for matters relatingto the conduct of Bar examination for such candidates inaccordance with the provisions of clause (d) of subsection (1)of section 24.”(B) Insertion of clause (d) in sub-section (1) of section 24 asfollows:

121“(d) after obtaining a degree in law recognized under clause (i)of sub-section (1) of section 7, he has undergone a course oftraining by way of attachment to a legal practitioner of morethan ten years’ standing, for such duration not less than oneyear and has qualified at the Bar Examination in such manneras may be prescribed by the Bar Council of India”.(C)Insertion of clauses (ai) in section 49 as follows:“(ai) the period of training and conduct of Bar examinationand matters relating thereto under clause (ha) of sub-section(1) of section 7 and clause (d) of sub-section (1) of section 24;

121“(d) after obtaining a degree in law recognized under clause (i)<strong>of</strong> sub-section (1) <strong>of</strong> section 7, he has undergone a course <strong>of</strong>training by way <strong>of</strong> attachment to a legal practitioner <strong>of</strong> morethan ten years’ standing, for such duration not less than oneyear and has qualified at the Bar Examination in such manneras may be prescribed by the Bar Council <strong>of</strong> <strong>India</strong>”.(C)Insertion <strong>of</strong> clauses (ai) in section 49 as follows:“(ai) the period <strong>of</strong> training and conduct <strong>of</strong> Bar examinationand matters relating thereto under clause (ha) <strong>of</strong> sub-section(1) <strong>of</strong> section 7 and clause (d) <strong>of</strong> sub-section (1) <strong>of</strong> section 24;

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