The Legal Education - Law Commission of India

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44refuse admission of the graduates of that University, to theprofessional examination till the University has taken steps to reachthe minimum standards.”That is how the principle of the Bar Council of India laying downminimum standards necessary for the profession came into existence.Obviously, the UGC or the University cannot reduce these standards. Ofcourse, they can certainly require higher standards (say) for LL.M andPh.D. degrees even for LL.B they can lay down higher standards.4.12 In this connection, it is necessary to refer to the recommendation 25at page 550 of the 14 th Report of the Law Commission which is as follows:“25: The All India Bar Council should be empowered to ascertainwhether law colleges maintain the requisite minimum standards andshould be empowered to refuse recognition, for the purpose of entryinto the profession, of degrees conferred by institutions which do notconform to the minimum standards.”Similar is the view expressed by the Justice Ahmadi Committee in 1994.After referring to the judgments of the Andhra Pradesh and Karnataka HighCourts, the Committee stated:“It is also the view expressed by Courts that the Bar Council laysdown only the minimal standards required at the entry point into lawcollege and the enrolment point into the profession. (AIR 1972 AP206 and AIR 1985 Karn. 223)”
45In the Karnataka High Court Judgment quoted by the Committee, viz.Sobhana Kumar vs. Mangalore University (AIR 1985 Karn 223), RamaJois, J (as he then was) observed:“A combined reading of these provisions (Sec. 49(1)(af) and sec. 7of the Advocates Act) show that the Bar Council is invested with theresponsibility of ensuring standards of legal education and it is alsoempowered to prescribe the minimum conditions of eligibility foradmission to the law course…… Therefore, the universities cannot prescribe any conditions ofeligibility for admission to the law degree course which is lower thanthe conditions of eligibility prescribed by the Bar Council.”This appears to be the legal position.4.13 It is hoped that, if the Bar Council of India and the faculty implementthe proposals made in Chapters III and IV, the difficulties faced by the BarCouncil of India in regard to consultation with all Universities and thegrievance of the faculty in regard to insufficient consultation, will getresolved.4.14 The proposals are, therefore, for the constitution of the LegalEducation Committee of the University Grants Commission of tenmembers, of whom six would be academicians in office of the level ofProfessors, Deans or Principals or of equal rank and two law teachers of
Page 1 and 2: Law Commission of India184 th Repor
Page 3 and 4: 3colleges for prescribing standards
Page 5 and 6: 5CONTENTSPAGESCh. I Introductory 1-
Page 7 and 8: 7suggestions, while some others opp
Page 9 and 10: 9in as much as it did not formulate
Page 11 and 12: 11Conference of Heads of Legal Educ
Page 13 and 14: 13subjects are: the respective role
Page 15 and 16: 15recommendations. The Commission w
Page 17 and 18: 17considering the provisions of ano
Page 19 and 20: 19The Advocates Act, 1961 thus deal
Page 21 and 22: 212.10 If the UGC Act, 1956 is expr
Page 23 and 24: 23subject of legal education comes
Page 25 and 26: 25“In the field of legal educatio
Page 27 and 28: 27between the Bar Council of India
Page 29 and 30: 29Court Judge are now in the Commit
Page 31 and 32: 31decision cannot be taken without
Page 33 and 34: 33In case, during the tenure of the
Page 35 and 36: 35(4) All questions which come up b
Page 37 and 38: 37Education Committee and who are i
Page 39 and 40: 39the absence of a consensus, the m
Page 41 and 42: 414.7 It must be noted that standar
Page 43: 434.10 As to the co-ordination betw
Page 47 and 48: 47the proposals for the consultatio
Page 49 and 50: 49(a) two law teachers in office fr
Page 51 and 52: 51aspects and we propose to lay emp
Page 53 and 54: 535.6 Rule 9(1) lists 6 subjects fo
Page 55 and 56: 55skill to identify the administrat
Page 57 and 58: 57(6) preparing for negotiation, co
Page 59 and 60: 59technologies which require corres
Page 61 and 62: 61education and laying standards in
Page 63 and 64: 63years, the number of civil matter
Page 65 and 66: 65formulated may be adopted by the
Page 67 and 68: 67Procedure, even though they have
Page 69 and 70: 69Chapter VIIAdjunct Teachers from
Page 71 and 72: 71“And there is no need to fit sq
Page 73 and 74: 73“The adjunct teachers teach the
Page 75 and 76: 75High Court or Supreme Court or be
Page 77 and 78: 77students who will go to the Bar o
Page 79 and 80: 79Inspections:8.4 As per section 7(
Page 81 and 82: 81India, when it wields powers, is
Page 83 and 84: 83one where the college is proposed
Page 85 and 86: 85(The existing section 7A should b
Page 87 and 88: 877C. (1) Where there is a differen
Page 89 and 90: 89(vii) The following clause be add
Page 91 and 92: 919.3 Whatever be the percentage of
Page 93 and 94: 939.10 Prof. Myron Moskovitz of the
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95malpractices. We are only referri
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97get acquainted with several pract
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99Chapter XEducation on Legal Educa
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10110.3 Several of the above Commit
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103colleges located in cities and d
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105Chapter XIDerecognition of Unive
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107Chapter XIITraining and Apprenti
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109The court held that once the rel
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111include problem method, moot cou
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114advocates as well as the requisi
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116senior counsel in these big citi
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11812.17 There is a strong view tha
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120graduates are proposed to be rec
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122Chapter XIIIDisqualification of
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12413.4 Therefore, we are of the em
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1264) Clause (b) of subsection (2)
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128Advocates Act, 1961 for providin
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130prescribe higher standards.(para
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132be amended.Consequently, section
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13430) Section 7(1) (i) to be amend
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The Legal Education - Law Commission of India

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