enrolment in bar council


One of my classmate could not pursue his final year BL Degree due to employment obligations.  He had completed his B.G.L. Degree as a Regular student after attending his classes for two full years.  In Madras University B.L. degree is awarded on completion of the third year.  Subsequently, he registered himself for L.LM. Degree course through distance education and passed out successfully specialising in Cyber and Environmental Laws.  ICFAI University, Hyderabad enrolls experienced candidates for Post Graduate Degree course based on BGL Degree. This university is also recognized by the Bar Council of India.  In this case whether he is eligible for enrolment in Bar Council to practice as a Lawyer as he fullfills all the conditions spelt under Advocates' Act. Is it now mandatory on his part to complete his BL third year after qualifying the Master's degree in law.  Does it sound strange to pursue a law degree course once again after finishing a Post Graduate degree course in law.  Since this situation is unique I would request our lawyer friends to resolve this query.

 
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Adv P & H High Court Chandigarh

It is very strange to obtain post graduate degree without obtaining graduation in that stream. Certainly Hydrabad University has overruled the pattern of education and thus no benefit of violation of set rules should be given to your friend and he should be legally bound to first become graduate.

 
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Makkadji, I wish to clarify that he has already passed a UG degree in General Laws from University of Madras after undergoing a Regular study as a Day Scholar from Madras Law College on the basis of his selection through common Law Entrance Exam conducted by the Government of Tamilnadu (First Batch in 1985).  Hence there is no question of obtaining post graduate degree without obtaining graduation in that stream. Since there is no point in continuing the same UG degree course (which he has already passed ) and the Bar Council Rules and Advocate Act is silent on this aspect, I feel he is entitled for enrolment as an Advocate to undertake full-ledged general practice. Since the total academic years put by him (10 + 2 + 3 + 2 + 2) which must entail him as a qualilfied lawyer. Else, this is a fit case to seek legal redressal for amendment of extant provisions and guidelines for the best interest of the legal fraternity. 


 
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legaladvisor

Dear parthasarathy ji  see as a matter of fact BGL  is 2 years course. If your friend has completerd 3 years  LLB or BL course insterad of  2 years BGL., then Bar Council has to enroll him as an advocate .But after graduation he did 2 years BGL  course , then he did 2 years ML or LLM.So no way .........That's while i request all  the  law students pls clarify  the course before you join.

 
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The fact of the matter is he has spent total four years for law study (both BGL and ML) after finishing graduation. But the Advocate Act stipulates a minimum of three years only.  Hence, it must permit enrolment.  Pls. correct me if I am wrong
 

 
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LAWYER-ADVOCATE

KINDLY CONFIRM THE EXACT DETAILS WITH COPIES OF RELEVENT QUALIFICATION CERTIFICATES WITH THE SAID PERSON. AS IT IS A MATTER OF UNIVERSITY AND BAR COUNCIL, HENCE THE RESPECTIVE LAW DEPT OF SAID UNIVERSITY AND ALSO AUTHORISED PERSON OF BAR COUNCIL MAY KINDLY BE REFERRED THE MATTER. BECAUSE BAR COUNCIL WILL DECIDE WHETHER TO ALLOW OR NOT AND THEN THEY WILL EITHER ALLOW OR REJECT THE APPLICATION.PLEASE NOTE

THANKS.

 
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SR. ADVOCATE

Dear Friend:

From all your discussions and clarifications it has come to light that your friend did not pass the qualifying examination as required to be passed to get his name enrolled with the Bar Council.  It is clearly mentioned that one should get passed the three year degree course in law.  His admission to a masters degree course or any other course for that matter does not hold much water since his basic qualification is not recognised by the Council.  Many universities are conducting masters degrees even for diploma holders.  It is not mearly qualification but an essential qualification in law recognised by the Bar Council is required.  I think the matter is clear to you now.

Thanks.

AAR KRISHNAN

 
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