The Legal Education - Law Commission of India
The Legal Education - Law Commission of India The Legal Education - Law Commission of India
28Chapter IIIMembership of the Legal Education Committee of the Bar Council of India3.0 We shall initially deal with the issue of the membership of the LegalEducation Committee of the Bar Council of India. The Law Commission’s14 th Report (1958) presided over by Shri M.C. Setalvad (see para 53, page546) referred to the recommendation of the All India Bar Committee, 1953that the ‘Legal Education Committee’ should consist of 12 members ofwhom 2 should be Judges, 5 should be elected by the All India Bar Counciland five other persons should be selected and co-opted from theUniversities by the above seven members.3.1 But, the Advocates Act, 1961, in clause (b) of subsection (2) of sec.10 prescribed a membership of 10 members in the said Committee ofwhom 5 were to be elected members of the Bar Council of India and fivewere to be co-opted by the Bar Council of India from among non-members.It did not specify who were to be the other five non-members to be coopted.3.2 The Justice Ahmadi Committee Report 1994, for the first timesuggested that the 10 member Committee should consist of five BarCouncillors, plus two from the higher judiciary, one from amongacademicians, and the remaining two, should be the Secretary, UGC andthe Secretary, Ministry of Law, Government of India. The suggestion of theJustice Ahmadi Committee has been implemented by the Bar Council ofIndia soon after 1995 and a retired Supreme Court Judge and a retired High
29Court Judge are now in the Committee as per the above recommendations.There is only one from the academic community. In other words, out often, five are Bar Councillors, two are Judges, one is an academician, andthe Secretary UGC and Secretary, Law are the other members.3.3 However, in the Working Paper prepared by the Law Commission(1999) the membership of a 15-member Committee was suggested asfollows: five from the Bar Council, five from the faculty, and out of theremaining five, two to be from the Judiciary, and the Secretary, UGC andSecretary, Law are to be the third and fourth members and the fifth shouldbe the Director of the National Law School, Bangalore.3.4 The Bar Council of India has strongly opposed the above proposalmade in the Working Paper in as much as the existing ratio of BarCouncillors which is 5/10 becomes 5/15.3.5 On the other hand, the Faculty at its deliberations at the All IndiaLaw Teachers Congress (Jan. 22-25, 1999) was of the view that in aCommittee of ten, there should be more representation to the academiccommunity and that the Ahmadi Committee was wrong in permitting onlyone from the Faculty to be on the Committee. Of course, a furthersuggestion was made that the Faculty alone must be concerned with legaleducation and that the lawyers and Judges have no place there.3.6 Similarly, the 12.8.2002 Conference at Bangalore called the ‘FirstNational Consultation Conference of Heads of Legal EducationalInstitutions’, in its draft recommendations observed (at p. 10)
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28Chapter IIIMembership <strong>of</strong> the <strong>Legal</strong> <strong>Education</strong> Committee <strong>of</strong> the Bar Council <strong>of</strong> <strong>India</strong>3.0 We shall initially deal with the issue <strong>of</strong> the membership <strong>of</strong> the <strong>Legal</strong><strong>Education</strong> Committee <strong>of</strong> the Bar Council <strong>of</strong> <strong>India</strong>. <strong>The</strong> <strong>Law</strong> <strong>Commission</strong>’s14 th Report (1958) presided over by Shri M.C. Setalvad (see para 53, page546) referred to the recommendation <strong>of</strong> the All <strong>India</strong> Bar Committee, 1953that the ‘<strong>Legal</strong> <strong>Education</strong> Committee’ should consist <strong>of</strong> 12 members <strong>of</strong>whom 2 should be Judges, 5 should be elected by the All <strong>India</strong> Bar Counciland five other persons should be selected and co-opted from theUniversities by the above seven members.3.1 But, the Advocates Act, 1961, in clause (b) <strong>of</strong> subsection (2) <strong>of</strong> sec.10 prescribed a membership <strong>of</strong> 10 members in the said Committee <strong>of</strong>whom 5 were to be elected members <strong>of</strong> the Bar Council <strong>of</strong> <strong>India</strong> and fivewere to be co-opted by the Bar Council <strong>of</strong> <strong>India</strong> from among non-members.It did not specify who were to be the other five non-members to be coopted.3.2 <strong>The</strong> Justice Ahmadi Committee Report 1994, for the first timesuggested that the 10 member Committee should consist <strong>of</strong> five BarCouncillors, plus two from the higher judiciary, one from amongacademicians, and the remaining two, should be the Secretary, UGC andthe Secretary, Ministry <strong>of</strong> <strong>Law</strong>, Government <strong>of</strong> <strong>India</strong>. <strong>The</strong> suggestion <strong>of</strong> theJustice Ahmadi Committee has been implemented by the Bar Council <strong>of</strong><strong>India</strong> soon after 1995 and a retired Supreme Court Judge and a retired High
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