02/03/2016
In a significant development, the Supreme Court today on 2/3/16 Wednesday issued notice in a petition challenging the Constitutional validity of the All India Bar Examination and posted the matter before a 3-judge Bench.
A Division bench of Chief Justice of India TS Thakur and Justice UU Lalit, however, made it clear that it is not averse to having an exam. However, the Court will examine if the existing system is within the confines of law, and if not, seek to strengthen it.
Sanjay Nuli appeared for petitioner Nagabushana while Ardhendumauli Kumar Prasad appeared for Bar Council of India.
The petition, which was filed in 2013, had come up for hearing yesterday when the Court had enquired about the rationale behind the exam and whether it would negate the right to practice law. The BCI today submitted that a decision of the Supreme Court has barred a pre-enrollment exam and hence, a post-enrollment exam was being held.
The Bench, after some deliberation, issued notice while posting the matter before a 3-judge Bench. It also said that it might consider appointing an amicus. CJI Thakur then went on a lengthy monologue on how the court is inclined to strengthen the existing system and regulate the quality of entrants into the legal profession.
“Let me make it clear that we are not averse to having an exam. We only want to examine if the AIBE is within the parameters of law. We only want it to be strengthened.
We now have lawyers coming straight to Supreme Court. They don’t know what burden of proof is or how to conduct themselves in court. We already have two million lawyers. 60,000 new lawyers enroll every year. Out of that around 2000 are from National Law Universities. What about the remaining 58,000? Any further addition should be based on merit and talent.
Just because you have a law degree does not mean you can start your practice. We don’t want half-baked lawyers. We have to make sure that even the most junior of the Advocates is good enough to ensure that justice is done.
The system has to be reformed and time has come.”
The case will now come up before a 3-judge Bench this Friday.
