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1. ALLIANCE UNIVERSITY

2. BAR COUNCIL OF INDIA REQUIRES TEETH

3. The Bar Council Of India is a statutory body established under the Section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India. The members are elected from amongst the lawyers in India and as such represents the Indian bar. The prescription provided by the Bar Council Of India is standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation . In 1961, the Advocates Act was introduced to implement the recommendations made by the ‘ All India Bar Committee’ and ‘Law Commission’ . M.C. Setalvad and C.K. Daphtary were the first chairman and vice chairman respectively. C.K. Daphtary became the chairman of All India Bar Committee and S.K. Ghose was the vice chairman at that time. On 10 April 2010 , the Bar Council Of India discussed to organise an All India Bar Examination that would test the ability of an Advocate to practice law and make use of it. It is compulsory for an advocate to clear the examination to practice law. The examination is held biannually and tests advocates on substantive and procedural law. An advocate can appear for the exam end number of times. After passing the exam, he/she will be entitled to a certificate of practice law throughout India i.e., license from Bar Council Of India. INTRODUCTION

4. Section 4 of the Bar Council of India provides- (1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely:– (a) the Attorney- General of India, ex officio; (b) the Solicitor- General of India, ex officio; (c) one member elected by each State Bar Council from amongst its members. Section4 (2) of the Act provides that there shall be a Chairman and a Vice- Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed. Section 6 &7 Of The Advocates Act, 1961 puts down the bar council’s powers and regulatory and functions respectively. SECTIONS

5. Lay down standards of professional conduct and etiquettes for advocates. Promote and provide support to law reforms. Organise and provide legal aid to the weaker and poor sections. Manage and investment of funds of the bar council. Secure the rights, privileges and interests of law professionals. Recognization of foreign qualifications in law obtained outside for admission as an advocate. Provide for the election of its members who shall run the Bar Councils. Puts down the procedure to be followed by disciplinary committees. Deals with and dispose of any matter which may be referred by a State Bar Council. Recognises universities whose degree in law field shall be qualified for enrollment as an advocate. FUNCTIONS

6. The opportunities for quality legal education were limited till early 1920s in India. The evolution of legal education started in India after the foundation of National law school University by the Bar Council of India. It started with this city called 'Bangalore'. The establishment of India's first national law school university that is in Bangalore has brought about a model shift in the teaching of, and research in law. The BCI undoubtedly played a vital role in the development of legal education in India. Bar Council is a pioneer for structuring the legal education system in India as it exists today. Section 7(1)(h) of the Advocate Act, 1961 reads: “ The function of the Bar Council of India shall be to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the state bar council.” Under this act, the role of BCI was limited to promote legal education and to lay down minimum standards necessary for those students who would ultimately enter the legal profession to practice in the courts. The Bar Council mainly plays its role in Indian legal education through the legal education committee, which consists of five members of the Bar Council of India and five co-opted members to represent the judiciary, the law ministry, the university grants commission and academia. WHAT IS THE IMPORTANCE OF THE BCI

7. The BCI's regulatory authority is rooted in Sections 7(1)(h) and 7(1)( i ) of the Advocate Act, 1961. The former requires the BCI "to promote Legal education and to lay down standards of such education in consultation with the universities in India imparting such education and the state bar councils." The latter empowers the BCI "to recognise universities whose degree in law shall be a qualification for enrollment as an advocate and for that purpose to visit and inspect university or cause the state bar council to visit and inspect universities in accordance with such direction as it may give in this behalf.“ The rules contains some problematic provisions to conduct an all India common entrance test for admission to LLM programmes across the country and the bar on assistant professor to supervise LLM dissertations. while the substantive provisions of the rule are likely to trigger a debate in the legal fraternity, we also need to question the logic of Bar Council of India exercising regulatory powers over Legal education.

8. After analysing the importance of the bar council of India, it gets more necessary to know the reason behind the idea of the bar council of India. The legal committee has the power to make a recommendations to the Council laying down the standards of Legal education for Universities to visit and inspect universities and report the results to the Council. It can recommend to the Council the conditions subject to which foreign qualification in law obtained by persons aside from citizens of India could also be recognised and to recommend the council for recognization of any degree in law of any university within the territory of India. WHY THE BCI IS IMPORTANT The real vision of Legal education The BCI's regulatory authority would make sense only if the only objective of the Legal education were to produce advocates and if the court room were the only place of relevance for legal knowledge. T he legal curriculum in educational institutions needs to be designed in such a manner that enables the development of skills required for pursuing it diversity of legal profession and just not court room practice

9. As for example LLM is concerned there is no, no good reason to support the bar council of India's role in regulating it. LLM is a completely is relevant qualification to be enrolled as an advocate and the bar council of India has no tangible stake in the LLM programme. Also postgraduate education in law or is either mandatory or desirable for other professions such as acadamics and research, where the the BCI has no role to play.

10. Bar entrance as a quality control mechanism Moreover the introduction of All India Bar Entrance to assess the eligibility of law graduates to practice in courts, the BCI does not even have slightest claim to regulate Legal education. it can use the All India Bar Entrance as a quality control mechanism to ensure that only suitable candidates are allowed to practice in courts. At this point, there is no sense in BCI dictating the legal curriculum of law colleges. As long as individual is capable to clear the quality control mechanism instituted by the Bar Council of India itself the details of legal curriculum ought not concern the Bar Council of India. This is the standard practice in advanced jurisdictions such as the USA where members of the bar have no influence over Legal education but employ their own mechanism to filter candidates. Doubtful regulatory practices T he BCCI has the power to inspect law colleges and grant them the recognition. If a law school is not recognised by the bar council of India law graduates from such a school cannot enroll themselves as advocates and cannot practice in any of the courts in India. As part of this inspection the teams of Bar Council of India physically visits law colleges in a periodic time to grant and Renew recognition. There have been serious concerns about the manner in which BCI has used this power to facilitate proliferation of law colleges in the college recklessly. In an eight month span from April to December in 2014, as many as 92 colleges were conferred recognition by the BCI.

11. One thing we can surely convey through this is that the Bar Council of India has a lot of functions vested in it, but one of its main importance is in the development of Indian legal education in India which it does through the legal education committee. BCI has done a great job in maintaining the values and standards of National law school universities but they failed to do so in other law colleges. There are lot of loopholes in our legal system in which BCI should look into, to protect the law from degradation and to maintain its value. Thus, it is high time to reconsider the BCI's role in the regulation of legal education. While BCI can be useful body to provide suggestions for formulation of standards, there is no justifiable reason for the BCI to have an overbearing control over the fate and direction of legal education. CONCLUSION

12. CREDITS MADHAV SINGH DHAKAD NISCHITH BASHETTIYAVAR SHRUTI PATEL M.V. GEETHIKA REDDY THANK YOU