Supreme Court Issues Notice On Plea Challenging All India Bar Examination (AIBE) Rules

first_imgTop StoriesSupreme Court Issues Notice On Plea Challenging All India Bar Examination (AIBE) Rules LIVELAW NEWS NETWORK17 Jan 2021 11:00 PMShare This – xSupreme Court on Monday issues notice on Petition challenging the All India Bar Examination Rules 2010 framed by the Bar Council of India which mandate that an advocate has to qualify the All India Bar Examination (AIBE) to practice law after enrolment.A bench headed by Justice AM Khanwilkar was hearing a petition filed by a newly enrolled advocate has filed a writ petition in the Supreme…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginSupreme Court on Monday issues notice on Petition challenging the All India Bar Examination Rules 2010 framed by the Bar Council of India which mandate that an advocate has to qualify the All India Bar Examination (AIBE) to practice law after enrolment.A bench headed by Justice AM Khanwilkar was hearing a petition filed by a newly enrolled advocate has filed a writ petition in the Supreme Court challenging the All India Bar Examination Rules 2010 framed by the Bar Council of India which mandate that an advocate has to qualify the All India Bar Examination (AIBE) to practice law after enrolment.The petition filed by Parthsarthi Mahesh Saraf, who enrolled in 2019, questions the authority of the BCI to prescribe such a post-enrollment requirement for practice. The petitioner also challenges the notification issued by the BCI on December 21, 2020 regarding the holding of AIBE 2021 on January 24 and March 13.The petitioner points out that the issue whether the Bar Council of India has the power to prescribe qualification of a pre-enrollment or post-enrollment exam as a condition to practice has been referred to the Constitution Bench by a three judge bench on March 18, 2016(SLP(c) 22337/2008). The reference is still pending.The petition filed through Advocate V K Biju states that in the case V Sudheer vs BCI and another 1999(3) SCC 176, the Supreme Court had quashed the Bar Council Training Rues 1995 holding that BCI cannot impose additional conditions for advocates by way of subordinate rules contravening the provisions of the Advocates Act, 1961.In another decision of the Supreme Court, in the case of Indian Council of Legal Aid and Advice vs BCI reported in 1995 SCC (1) 732, it was held that BCI cannot make any rules under Section 49(1)(ag) of the Advocates Act, 1961, debarring the advocates on the basis of age and such rule is beyond the rule making power and therefore the same is ultra vires the Advocates Act and also against the public policy.The petitioner argues that the AIBE Rules 2010 are against the dictum in the above cited precedents.The petition also highlights that as per 1973 amendment to the Advocates Act, clause (d) of sub-section (1) of Section 24 of the Advocates Act – which provided for passing of an examination held by the State Bar Council after training as a condition for enrollment – was omitted. After such amendment, the BCI lacks statutory power to lay down additional conditions for enrollment and practice, over and above those stated in the Advocates Act, argues the petitioner.Notably, the petitioner also challenges the 1973 amendment to the Advocates Act which omitted Section 24(1)(d). The petition states that a Bar Examination is a pre condition for admission to the Bar in most commonwealth countries, Australia, angladesh, Canada, Hong Kong, Malaysia, New Zealand, Pakistan, Singapore, South Africa as well as the United Kingdom. It is also stated that in India the relevant Statutes/ Acts pertaining to the professional courses like MBBS, CA, CS, BAMS, BHMS etc. prescribe a mandatory training and examination before enrollment on the rolls/registers of the respective professional Institutes/Councils. In this backdrop, the statutory amendment which omitted such condition from the Advocates Act in 1973 is also challenged as “arbitrary and unreasonable”.The petitioner highlights that the reports of the High Powered Committee constituted by the Supreme Court in 2009 has recommended training an examination before enrollment to improve the standards of legal profession. However, ignoring such recommendations, and also violating the Supreme Court judgments, the BCI has introduced a post-enrollment exam, says the petitioner.The following are the main arguments :a. After the amendment of 1973 by which clause (d) of subsection (1) of Section 24 was omitted as this was the only provision providing compulsory training and examination.b. After omitting the above section, BCI cannot make any rules prescribing any examination as it cannot be done through a subordinate legislation without having an appropriate amendment in Advocates Act, as held in Sudheers’ case (Supra)c. The BC bound to follow, at least consider the recommendations of both the High Power Committees headed by the Judges of the Supreme Court and the directions of the SCd. It is also not possible in view of the decision of this Hon’ble Court in the case of Indian Council of Legal Aid (Supra)Next Storylast_img read more

Asian Games Asian Games 2018: Secret behind Rajyavardhan Singh Rathore serving food to athletes solved

first_imgNew Delhi: A photo of Indian Sports Minister Rajyavardhan Singh Rathore had gone viral few days back as people thought that he was serving foods to Indian athletes in the dining area of the ongoing 2018 Asian Games. However, to the disappointment of many sports lovers, Rathore was only carrying his food while interacting with the athletes in the Asian Games village before sitting at the table.ALSO READ: Eng vs Ind 4th Test Preview: Virat Kohli and co eye series equaliserA journalist named Digvijay Singh Deo took to Twitter to share a sequence of photographs taken during the same time when Rajyavardhan Singh Rathore was supposedly serving food to the athletes. He replied to a tweet when asked about the truth behind the picture that had gone viral.Wrong. He wasn’t serving tea. Don’t fall for propaganda. @DiggySinghDeo @Padmadeo what’s the truth behind this picture?— Mi’Laard (@ObjectionMilard) August 28, 2018Digvijay Singh Deo shared the photographs but captioned them “No comments. Here  is the sequence of photos” But this doesn’t take the fact away that the ongoing 2018 Asian Games in Indonesia have given India and the sports lover plenty of new heroes as the nation continues to push itself to be the new ‘sporting superpower’.ALSO READ: Asian Games 2018 Day-12, LIVERajyavardhan Singh Rathore, a former Olympic silver medallist and now the sports minister of India have been a driving force for the athletes and youngsters to take part in more and more fitness and sports-related activities. After the inaugural and successful season of Khelo India, Rathore started #HumFitTohIndiaFit fitness challenge where sportsperson, politicians, actors, government officers and thousands of common people joined in and posted videos of how they keep themselves fit. Even Prime Minister Narendra Modi shared his fitness mantra with the entire nation.India have won a total of 54 medals in 11 days of Asian Games 2018 as they continue their impressive, prolific run in Asia’s biggest sporting extravaganza. For all the Latest Sports News News, Asian Games News, Download News Nation Android and iOS Mobile Apps.last_img read more

Sport Minister, team visit Tiger Bay

first_imgAS a follow-up to the visit and commitment made by His Excellency, President Irfaan Ali, the Minister of Culture, Youth and Sport, Charles Ramson Jr MP, yesterday visited the community of Tiger Bay in Georgetown.Minister Ramson Jr was accompanied by National Security Adviser, Gerald Gouveia; president of Guyana Football Federation, Wayne Forde; president of Guyana Basketball Federation, Michael Singh; president of Georgetown Basketball Association, Jermaine Slater, and members of the private sector.During the visit, the team distributed footballs, basketballs, other sport gear and masks to aid in containing the spread of COVID-19 within the community.In addition, the Minister discussed with the community the possibility of clearing an area for sport to be played. The team also used the opportunity to engage with the community and listen to some of the major issues affecting them. (MCY&S)last_img read more