With lawyers stooping to the level of fighting and pelting stones, the Supreme Court on Friday called on the legal community to introspect and decided to frame issues for consideration by a Constitution Bench on the need for putting lawyers to a test before their entry in the legal profession.
Dealing with a batch of petitions which questioned the need to have an All India Bar Examination (AIBE) for law graduates to decide their eligibility to practice, a three-judge bench headed by the Chief Justice TS Thakur asked Bar Council of India (BCI), senior advocate KK Venugopal assisting as amicus curiae, and other lawyers appearing in the case to frame legal issues for consideration by a larger bench.
The Court noted that the events in the recent past had made concerns raised on the quality of legal fraternity more relevant. “It is a matter of moment for our profession. We need to introspect. Some people among us are fighting, some are stoning, only few are arguing,” said the bench, also comprising Justices R Banumathi and UU lalit.
“We want to settle this controversy regarding pre- enrollment training and post-enrollment exam. If an amendment to the Advocates Act is needed, we will recommend that or else we will examine if the same can be incorporated within the existing Rules”, added the bench. At present, a two-judge decision of the apex court does not allow BCI to conduct a pre-enrollment exam.
The bench may ask senior advocate Fali S Nariman to also assist along with KK Venugopal on the issue, which required to be settled once and for all. The Court is expected to take up the matter after a week following which issues for determination will be framed for consideration by a larger bench comprising five judges.