One Madras HC judge bells the legal cat: Directs creation of new Bar Council of India, headed by experts & more

Would the legal cat be happier with a bell?
Would the legal cat be happier with a bell?

Justice N Kirubakaran of the Madras high court passed radical directions on a petition asking the court to curb entry of persons with criminal antecedents into the legal profession and to maintain purity of law courses, reported The Times of India.

The various directions included:

1. Bar Council of India (BCI) to abolish three year law course at the earliest and retain only five year course.

2. BCI’s functions to be handled by a body headed by a retired judge of the Supreme Court permanently or till amendment of the advocates act to this effect occurs.

3. BCI to consist of academicians, legal luminaries, social workers, retired police and IAS officers and doctors

4. Centre to amend advocates act so that entry of criminals, and communal and extremist elements into the profession is barred

5. Antecedent verification to be made compulsory for law graduates seeking enrollment

6. Graduates facing punishment of non-bailable or compoundable nature to be only provisionally enrolled.

7. BCI to direct every law college to conduct police verification of the students before granting them admission.

8. Police to send antecedent verification within three weeks of receipt of request

9. BCI to not conduct the next bar council elections in 2016 without prescribing minimum qualification like 20 years standing in the bar or a senior counsel not having any criminal background for candidates to be eligible to contest in council polls.

10. To reduce number of law seats in colleges to control the increasing number of law graduates each year.

11. BCI to recognise only one lawyers’ association to enable fairness in working of the same.

Kirubakaran was quoted as saying:

This court hopes that the issue of criminalization of the profession is seriously taken note of by the Supreme Court and the central government and to redeem the profession from the clutches of persons with criminal background.

Also read, today’s column in Mint by Legally India editor Kian Ganz: Who will bell the legal cat? Because it probably won’t be BCI or judiciary…

Photo by Yumi Kimura / By CC

Comments

Guest 7 Oct 2015, 01:51
+4 -0
Kian the recommendation to abolish of the 3 year course is a MASSIVE development, especially in the wake of the DU fiasco. Please give this more coverage. I am surprised that it only gets a side-mention and minor partner promotions get a separate story. You should interview law schools that still offer the 3-year degree.
Z 7 Oct 2015, 05:25
+1 -1
Welcome to the world of LI. Biggest news of the week: random corporate lawyer in a firm operating from a basement in South Delhi gets promoted from Deputy Associate Partner to Senior Assistant Partner. No proper news about issues of public interest.
kianganz 7 Oct 2015, 05:35
+3 -0
Thanks for your feedback but have you tried browsing to http://www.legallyindia.com/ and seeing the stories on there?

I'd wager that the majority are non-law firm stories...

For instance, only from yesterday, I'd recommend you read our analysis of strikes by lawyers, which may be the biggest menace besetting the legal system and which I don't think has been covered by anyone before:
http://www.legallyindia.com/Bar-Bench-Litigation/100-unofficial-indian-court-holidays-later-sc-still-has-no-solution-for-frequent-lawyer-strikes

And here's my column on a similar issue, suggesting the only solution:
http://www.legallyindia.com/Legal-opinions/who-will-bell-the-legal-cat-because-it-probably-won-t-be-bci-or-judiciary

And did you read our account of what happened yesterday in Aadhaar?
http://www.legallyindia.com/SCOI-Reports/seniors-clash-hotly-in-aadhaar-interim-order-modification-plea-sc-reserves-till-wednesday-3-30pm

Just because law firm articles get the most comments, doesn't mean we don't also publish other things which also see as much, if not more traffic.

LI's initial purpose in life was to report an unreported sector - law firms - and I'm glad we've found such an interested and engaged audience.

But LI has grown since then.

Finally, if you don't like the law firm articles, you can filter them out from the frontpage so you don't ever have to see one again: just click the blue 'interests & preferences' button and deselect law firm news and 'editor's picks'.
kianganz 7 Oct 2015, 05:37
+1 -0
Re: Guest

Agree the 3-year course recommendation is interesting, but that's been mooted before many times.

What's more interesting, I think, is that for the first time the judiciary has actually attacked the BCI's functioning and recommended that its entire constitution be changed.

That's far bigger, in my opinion, than just the 3-year LLB (which will probably survive as long as the BCI stays the way it is)
Shark 7 Oct 2015, 05:53
+1 -0
Does "criminal antecedents" include a pending case? If yes, then the chairman of BCI (Manan Mishra) disclosed that there are pending cases against him in his election affidavit. He first stood from the BSP, then Congress. Now it seems he has joined BJP.

http://myneta.info/bih2010/candidate.php?candidate_id=712