Bar Council of India moves Supreme Court

Instead of fighting the same litigation in different high courts, the Bar Council of India (BCI) has approached the Supreme Court (SC) seeking all petitions challenging the All India Bar Examination be clubbed and heard in the SC.

Instead of fighting the same litigation in different high courts, the Bar Council of India (BCI) has approached the Supreme Court (SC) seeking all petitions challenging the All India Bar Examination be clubbed and heard in the SC.

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Solicitor general Gopal Subramaniam mentioned the petition before the SC saying that petitions were filed in different high courts challenging the All India Bar Examination.

On April 10, 2010, the BCI passed a resolution to conduct the All India Bar Examination, the passing of which will entitle an advocate to practice law in India. This means that any student who completes the five-year LLB course will have to appear for the Bar exam, which has to be cleared to practice in courts in India.

Subramaniam said that the BCI had decided to conduct the exam following a SC judgment in another case. “Since that case is still pending in the SC, all the petitions challenging the examination should be clubbed and heard by the apex court,” argued Subramaniam.

Bonnie FOI Law College in Madhya Pradesh had approached the high court after the BCI refused to grant it affiliation and recognition. The court granted an order in favour of the law college.

The BCI had challenged that order which is still pending in the SC. It was during a hearing in that petition, Subramaniam said the BCI would conduct an All India Bar Examination in July-August, 2010.

The SC has kept BCI’s petition for hearing on July 30.