6Dismissed or Removed From Serviceand Section 24A 117-119Ch. XIV Summary <strong>of</strong> Recommendations 120-130Annexure Draft <strong>of</strong> Bill “<strong>The</strong> Advocates (Amendment)Bill, 2003” 1-10Chapter IIntroductory1.0 <strong>The</strong> <strong>Law</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> took up the subject <strong>of</strong> legal educationsuo motu, as the said subject was seen as fundamental to the veryfoundation <strong>of</strong> the judicial system. <strong>The</strong> <strong>Commission</strong> prepared a WorkingPaper in 1999 proposing amendments to the Advocates Act, 1961 (Act 25<strong>of</strong> 1961). <strong>The</strong> paper contained five chapters, Chapter I was Introductory,Chapter II related to ‘<strong>Legal</strong> <strong>Education</strong> and Pr<strong>of</strong>essional Training’, ChapterIII to ‘Pr<strong>of</strong>essional Competence and Social Responsibility’, Chapter IV to‘Entry <strong>of</strong> Foreign <strong>Legal</strong> Consultants and Liberalisation <strong>of</strong> <strong>Legal</strong> Practice’and Chapter V to ‘Management and Development <strong>of</strong> the Pr<strong>of</strong>ession’. Weare, however, confining the present report to ‘legal education’ only.1.1 Several responses and representations were received by the <strong>Law</strong><strong>Commission</strong> from the Bar Council <strong>of</strong> <strong>India</strong>, Bar Councils <strong>of</strong> various States,Bar Associations and members <strong>of</strong> the Bar, some <strong>of</strong> them accepting the
7suggestions, while some others opposed the suggestions. We shall initiallyrefer to some <strong>of</strong> the important suggestions/representations.Response <strong>of</strong> the Bar Council <strong>of</strong> <strong>India</strong>:1.2 <strong>The</strong> Bar Council <strong>of</strong> <strong>India</strong> in its letter dated 3.8.2000, made elaboratesuggestions. It accepted some <strong>of</strong> the proposals, rejected some others andsuggested further amendments to some sections. <strong>The</strong>se relate toamendments/new provisions proposed in working paper to sections2(1)(hh), 3(2)(b), 4(1), 7(1)(ic), 9(1), 10(2), 9A, 7(1)(h), 24(1)(iiia),24(1)(f), sec. 24(1), sec. 24A(1)(c), sec. 33A, sec. 49(1)(ai), (aj), (ak), (al),(am), (ag)(agg)(ff), (ee)(ggg), (ff), sec. 49A, 45, 24(1)(b), 36B, 3(2)(a).We are not referring in this Report to all these suggestions in as much asthe scope <strong>of</strong> the present report is limited and concerns only legal educationand a few other related matters. In other words, we are not proposing, inthe present report, to traverse the entire ground covered by the WorkingPaper.Response <strong>of</strong> the UGC:1.3 <strong>The</strong> University Grant <strong>Commission</strong>, in its letter dated 16.9.1999,while welcoming the initiative taken by the <strong>Law</strong> <strong>Commission</strong> with regardto the improvement <strong>of</strong> <strong>Legal</strong> <strong>Education</strong> and quality <strong>of</strong> <strong>Legal</strong> Pr<strong>of</strong>ession,referred to the ‘Report <strong>of</strong> the Curriculum Development Centre, 1988-1990’, headed by Pr<strong>of</strong>. Upendra Baxi. Part-I <strong>of</strong> that Report runs into about100 pages and Part II runs into about 740 pages. That Report was preparedby a team <strong>of</strong> expert academicians for the UGC during 1988-1990. <strong>The</strong>
- Page 1 and 2: Law Commission of India184 th Repor
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57(6) preparing for negotiation, co
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59technologies which require corres
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61education and laying standards in
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63years, the number of civil matter
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65formulated may be adopted by the
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67Procedure, even though they have
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69Chapter VIIAdjunct Teachers from
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71“And there is no need to fit sq
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73“The adjunct teachers teach the
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75High Court or Supreme Court or be
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77students who will go to the Bar o
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79Inspections:8.4 As per section 7(
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81India, when it wields powers, is
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83one where the college is proposed
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85(The existing section 7A should b
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877C. (1) Where there is a differen
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89(vii) The following clause be add
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919.3 Whatever be the percentage of
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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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