BCI to appeal Madras HC order that suggested BCI & 3-year-LLB are not fit for purpose

The legal cat: Still unbelled
The legal cat: Still unbelled

The Bar Council of India (BCI) will appeal the 6 October Madras high court order that suggested disbanding the BCI and replacing it with a body of experts as well as doing away with the three-year LLB degree.

The Deccan Herald reported that:

A BCI general council meeting, attended by members from across country here, decided to challenge the 6 October order by a division bench, BCI co-chairman S Prabhakaran told Deccan Herald.

Prabhakaran told the Herald:

We can’t bar anyone from getting enrolled merely on the basis of a criminal case as it would violate the principle of natural justice. Further, we can’t replace the three-year degree course with the five-year course only as it would require an additional two years for a candidate to complete his post-graduation.

Justice N Kurubakaran’s reform ideas were made in a direction to the Centre to revise the Advocates Act to ban criminal and violent individuals from the legal profession.

Also read: Column on the impossibility of regulating the legal profession.

Comments

Concerned 12 Oct 2015, 03:53
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The SCI finished the hearing on the National Judicial Council in the middle of May. We are now in the middle of October. We are still waiting for the judgement. Why the delay?
JRD 12 Oct 2015, 04:42
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In most countries in the world, I believe the law course is less than 3 years. I understand (from a person who has lived in the UK for around 10 years)that in the UK one can qualify to be a lawyer now after an 18 month course). Kian, could you confirm or throw some light on this?
SKR 12 Oct 2015, 11:03
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At least in US, the JD (equivalent of our LLB) is a 3 year, full time course. After the college component, you have to separately sit for bar exams in the state you wish to practice in and studying for those exams is much more tougher than the College studies.
pi 12 Oct 2015, 17:29
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if you have UG degree then do GDL (9 months) + LPC (6 months) - so total of 15 months, but if you do a regular law course then it is 3 yrs + LPC - total of 3.5 yrs.
KnowTheTruth 16 Oct 2015, 12:59
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true, even Mohandas Karamchand Gandhi took up law course in the UK as it was much easier(quicker) to get the degree/certificate from UK compared to India.

This is authentic information sourced from "My experiments with Truth"
KnowTheTruth 16 Oct 2015, 13:02
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Not coming from a legal background, may I ask the following question:
For lawyers who are into doing leave and license agreements, rental agreement, deed of property sale, etc - why do we need even a 3 year degree? And trust me, there are thousands of lawyers who deal only in above matters.
Guest 18 Oct 2015, 13:20
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The comment numbered 4 below is an example as to why even for conveyance documentation you need lawyers. Any other person is not liable for negligence (because it is not a issue of advice by a professional) as much as lawyers. Plus there are other aspects to keep in mind, which a well informed professional with the requisite training will follow. Yes quality is bad, but you have to pay for quality!
KnowTheTruth 20 Oct 2015, 07:59
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Agree to your viewpoint. There are complicated cases which definitely need legal expertise.
KnowTheTruth 16 Oct 2015, 12:57
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another opinion...

http://scroll.in/article/761938/how-to-stop-criminals-from-becoming-lawyers-a-high-court-order-proposes-the-wrong-solution

Quoted:

Most traditional colleges offering the three-year course have very few hours of class every day and even these don’t always require strict attendance. As a result, these colleges tend to attract those who are pursuing law just to gain another degree or those who want to be lawyers due to some vested interest. Criminals actively seek to join the legal profession, as it is believed that the police are wary of taking action against lawyers in general and especially in states like Tamil Nadu, where advocates’ associations actively take to the streets and protest police action against their members.

The High Court order directed the termination of the three-year course, noting that criminals cannot use the five-year course to gain entry into the profession because of the age limit.

The abolition of the three-year course, it is therefore clear, will not solve the problem of criminals becoming lawyers. With no age bar, there is nothing stopping criminals, old or young, from gaining entry into the profession through the five-year course. The bigger problem is the existence of substandard colleges that sell or grant degrees without their students ever having attended classes: it is their existence that is allowing criminals to earn the lawyer tag quickly.
anandsrivastava 17 Oct 2015, 18:16
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Respected sir/mam
sir I lived kolkata,but I have a property in bihar (aara jila),my father dide in 1990 and at that time I was just 1 years old ,my uncle was handling whole property ,now I want to shell my property but he is not providing the require document ,about The land details ,so please help me.what can I do