12.07.2015 Views

The Legal Education - Law Commission of India

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32UGC, a body which will be representative <strong>of</strong> all Universities with whomthe Bar Council <strong>of</strong> <strong>India</strong> will have to consult for the purposes <strong>of</strong> sec.7(1)(h).3.9 Further, we have re-examined the issue <strong>of</strong> membership <strong>of</strong> the <strong>Legal</strong><strong>Education</strong> Committee in the light <strong>of</strong> the responses <strong>of</strong> the UGC, Bar Council<strong>of</strong> <strong>India</strong> and the Faculty, to the Working Paper. We find that the grievance<strong>of</strong> the Bar Council <strong>of</strong> <strong>India</strong> that it has been given only a one-third share (5out <strong>of</strong> 15) is genuine and has to be accepted. <strong>The</strong> original ratio <strong>of</strong> 5 out <strong>of</strong>10 is to be maintained. It is, therefore, proposed to drop the idea <strong>of</strong> the 15-member Committee as proposed in the Working Paper and to adhere to the10-member Committee as at present making it clear that one half, i.e. fivemembers, will be Bar Councillors. As <strong>of</strong> now, the remaining five are non-Bar Councillors. We propose to make some changes in the composition <strong>of</strong>the remaining five and here the Bar Council <strong>of</strong> <strong>India</strong> can have nogrievance. Out <strong>of</strong> the remaining five members, one will continue to be aretired Judge <strong>of</strong> the Supreme Court, one other will be a retired ChiefJustice/retired Judge <strong>of</strong> a High Court, to be nominated by the Chief Justice<strong>of</strong> <strong>India</strong>. (It appears that such a procedure is already being followed by theBar Council <strong>of</strong> <strong>India</strong>). Of the remaining three to be nominated, the <strong>Law</strong><strong>Commission</strong> agrees with the UGC that the <strong>Law</strong> Secretary, Govt. <strong>of</strong> <strong>India</strong>and the Secretary, UGC can be dropped. In those two places nowoccupied by non-Bar Councillors, it is proposed to bring in two more fromthe faculty making it three from the faculty instead <strong>of</strong> one as at present andthese three are to be nominated by the UGC and the three faculty membersmust, as stated in the next Chapter, be faculty members <strong>of</strong> the proposedUGC <strong>Legal</strong> <strong>Education</strong> Committee and also be teachers actually in <strong>of</strong>fice.

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