Are there no other alternatives for improving the law professional standards? Compelling a person who obtained law degrees awarded universities recognized by the U.G.O. to appear for entrance examination will improve the quality in legal profession?
The arbitrary holding of a bar exam is unconstitutional. Before holding it, the Advocate Act 1961 must be amended by a legislative enactment approved by both houses of parliament. It was categorically stated by Hon`ble Supreme Court of India in V.Sudeer V Bar Council Of India AIR 1999 SC 1167 that inclusion of any additional criteria for the practice of law over and above of what was mentioned in the section 24 of the Advocate Act was unconstitutional
Please refer to Section 49 of the Act, and there is no repugnancy between entry 77 and 78 of list 1 read with entry 25 of list III of the Constitution and the Rules framed by the BCI and the Rule making power of the BCI does not attract Article 245 of the Constitution of India.. Bar Exam exists in many parts of the Country and it is nothing new to the profession. Yes, alternative to Bar exam had been discussed also and there is an article published in 2005 addressing alternative to bar Exam including discussion by Daniel Webster Scholars Honors programme.But the present trend set by the BCI is very practical and a sound one and there is nothing wrong in it, rather those fresh graduate should be happy to refresh their knowledge and skill through BCI programme.