Damages

Only available on StudyMode
  • Topic: Law, Common law, Bar association
  • Pages : 81 (17805 words )
  • Download(s) : 33
  • Published : February 12, 2013
Open Document
Text Preview
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (NO.) 22337 OF 2008

IN THE MATTER OF:
BAR COUNCIL OF INDIA



PETITIONER



RESPONDENTS

VERSUS
BONNIE FOI LAW COLLEGE & ORS.

____________________________________________________

FINAL REPORT
OF THE 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION

____________________________________________________
Pursuant to orders of the Supreme Court dated June 29, 2009 and October 6, 2009 and as approved by the Bar Council of India vide Resolution dated October 24, 2009

[for Index please see inside]

INDEX

Foreword

…i

I.

Constitutional and Statutory Framework

…1

II.

The Vision for Reform

…12

III.

The 2008 BCI Rules

…26

IV.

Qualitative Improvement of the Legal Profession

…37

V.

Conclusions and Recommendations

…46

VI.

Appendix 1

…56

VII. Appendix 2

…63

VII. Appendix 3

…65

VIII. Appendix 4

…67

IX.

…70

Appendix 5

REPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION

Foreword

During the course of hearing a matter relating to the affiliation of a law college with the Bar Council of India [S.L.P. (C) No. 22337 of 2008, Bar Council of India vs. Bonnie FOI Law College & Ors.], the Supreme Court of India has sought to address an issue of enormous contemporary importance: the inspection, recognition and accreditation of law colleges by the Bar Council of India. Vide order dated June 29, 2009, the Supreme Court noted with concern the diminishing standards of professional legal education provided at various Law Colleges across the country, and, in particular, identified the quality and standard of infrastructure, library and faculty as core areas that need to be redressed, along with the pay and remuneration offered to the faculty members by Law Colleges. The order of the Supreme Court in this regard is as follows:

“This petition filed by the Bar Council of India raises very serious questions regarding affiliation and recognition of
Law Colleges by the Bar Council of India. It is a matter of
common knowledge that before granting affiliation proper
exercise is not carried out. No serious efforts have been made by the concerned authority to learn about the Infrastructure, Library, faculty before granting affiliation or recognition. It is also necessary for the concerned authority to know

about the qualification of faculty members and whether they
are paid salaries at least according to recommendation of 5th and 6th Pay Commission. And the present day it is also
necessary to know whether the Law College is providing
computer internet facility to law students.”

REPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION

i

Foreword

The Supreme Court, therefore, constituted a Committee to examine issues relating to affiliation and recognition of law colleges. The relevant portion of the Supreme Court’s order reads as follows:

“The entire future of the legal profession depends on
ultimate product of these Law Colleges. Looking to the
gravity and seriousness of the matter, we request the learned Solicitor General and President of the Bar Association and
the Chairman, Bar Council of India to look into the matter
seriously and submit a report to this Court as expeditiously as possible. They would be at liberty to associate experts or any other person which they deem it appropriate.”
The mandate of this Committee was, therefore, to examine issues concerning the manner of affiliation and recognition of Law Colleges by the Bar Council of India, identifying areas which require redressal, and also addressing factors impeding the implementation of the norms already in place.

The Committee, comprising Shri Gopal Subramanium, Solicitor General of India as its Chairman, and Shri M.N. Krishnamani, President, Supreme Court Bar Association and Shri S.N.P Sinha, Chairman, Bar Council of India as its Members, undertook a...
tracking img