The Legal Education - Law Commission of India

19The Advocates Act, 1961 thus deals with the conditions which a person hasto satisfy before he can be permitted to practice in the Supreme Court orthe High Court, but the Statement of Objects and Reasons or the Preambleof the Advocates Act, 1961 does not expressly refer to ‘standards of legaleducation’ as do the Preamble and Statement of Objects and Reasons of theUGC Act, 1956 or the Medical Council Act, 1956. It is only section7(1)(h) of the Advocates Act which refers to this aspect.2.6 In the view of the Commission, so far as law courses in Universitieswhich offer certain law degrees or diplomas (and where such students arenotified that those degrees or diplomas will not entitle them to practice areconcerned) which do not enable a person to practice, the Bar Council ofIndia cannot impose mandatory conditions. The UGC has the prerogativein such cases. However, in the laying down of standards by theUniversities even in regard to such courses, though the prerogative is withthe UGC and the Universities, they would benefit much by consulting theBar Council of India. In other words, in regard to courses in law which donot lead to a professional career, the UGC and the Universities could, attheir option, consult the Bar Council of India, though it is not mandatory.Width of Entries in one List of Schedule VII of the Constitution not to belimited by Entries in other List or even same List:2.7 Whenever there are provisions in the Constitution referring toseparation of legislative powers between a federal and state legislatures, itis necessary to examine the width of the subject upon which the Federal or