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Students take bar exam to SC as writ petition count hits 9

Delhi-Supreme-Court
Delhi-Supreme-Court

A group of law graduates from Delhi University have invoked the Supreme Court’s writ jurisdiction under Article 32 of the Indian Constitution as two students of the NUALS Kochi have filed yet another petition before the Kerala High Court against the All India Bar Examinations.

The petitioner students Anoop Prakash Awasthi, Rahul Kumar and Prashant Narang told Legally India that their writ petition (diary number 21289/2010) has surpassed procedural hurdles and will be listed for hearing towards the end of July with the Supreme Court registry after having cleared all the objections.

The petitioners have challenged the Bar Council of India’s rule making power under which amendments had been brought to provide for the bar exams as ultra vires and arbitrary.

While pleading violation of the fundamental rights, the petitioners have relied upon the case of V Sudeer vs BCI as the main point of contention. Awasthi had interned with Sudeer in the past.

Excerpts from the petition read:
"That the impugned amendment as claimed to be made under section 49(1)(ah) of the Act, is beyond the rule making power of  Bar Council of India as held by this Hon’ble Court in  V. Sudeer v. Bar Council of India (1999) 3 SCC 176, as: pre-enrolment training and examination constitute a topic which the legislature in its wisdom entrusted to the State Bar Councils and not to the Bar Council of India."

"That the impugned amendment violates the fundamental rights of petitioners as conferred by Constitution of India vide Article 14, Article 19(1)(g) and Article 21."

Meanwhile, the Hindustan Times has reported that the BCI has taken an affirmative step to club together all the pending petitions, seeking their transfer before the SC in order to be heard together.

Legally India had reported on 13 July that the BCI's planned to club the petitions into one Supreme Court petition.    

In Kerala, the petition filed by Sujith Menon and Sriram of Thripunithura is at least the eighth such case after at least seven writ petitions have been reported as filed before the various high courts of the country.

Also, SCBA president and BJP Rajya Sabha member senior advocate Ram Jethmalani has opined against the bar exam.

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