The Legal Education - Law Commission of India

18for the purpose of laying down the ‘standards’, which include standards ofteaching, syllabus, examination, at the admission level or later and theywould override any other law made by Parliament.2.4 University Acts, passed by the State Legislatures under Entry 25 ofList III or under old Entry 1 of List II would also be subject to theprovisions of the UGC Act, 1956.The Advocates Act, 1961 & Entries 77 and 78 of List I:2.5 The Advocates Act, 1961 has been passed by Parliament by virtue ofits powers under Entries 77 and 78 of List I of Schedule VII of theConstitution of India. The legislative subject here is “practice in theSupreme Court or in the High Court.” (see O.N. Mohindroo vs. BarCouncil, AIR 1968 SC 888), (Bar Council of UP vs. State of UP, AIR1973 SC 231). In fact in the latter case, namely, the Bar Council of UPcase, AIR 1973 SC 231, the Supreme Court specifically held (see p. 238)that in pith and substance, the Advocates Act, 1961 deals only with thefollowing subject-matter referred to in Entries 77, 78 of List I:“Entry 77: Constitution, organization, jurisdiction and powers of theSupreme Court (including contempt of such court) and the fees takentherein; persons entitled to practice before the Supreme Court”.Entry 78: Constitution, organization (including vacations) of theHigh Courts except provisions as to officers and servants of HighCourts; persons entitled to practice before the High Courts.”