Transfer BCI functions to expert panel: High Court

In a bid to “purify” the legal profession, the Madras High Court on Monday directed the Union government to consider positively to entrust the functions of the Bar Council of India (BCI) to an Expert Committee headed by a retired Supreme Court Judge.

The Expert Committee, which would comprise academics , legal luminaries, prominent social workers, retired IAS and police officers and doctors shall be entrusted with the functions of BCI permanently or till the Advocates Act is suitably amended, the court said. The court proposed the change noting that the election process failed to elect appropriate persons as members of the BCI resulting in making the Council incapable of handling issues properly.

Besides the suggestion for change of guard, Justice N. Kirubakaran passed a significant order directing the BCI to abolish the three-year law degree course at the earliest and retain only five-year law degree on a par with other professional courses such as medicine and engineering, as the court found that the criminal elements would opt to get or try “purchasing” only three-year law degree as they would normally have crossed the age of 21.

The Judge passed the order while hearing a criminal original petition moved by S.M. Anantha Murugan praying to prevent intrusion of persons having criminal antecedents without legally studying law degree.

Holding that extraordinary situations demand extraordinary remedies, Mr. Justice Kirubakaran said, “While dealing with an unprecedented case, the court has to innovate the law and may also pass an unconventional order keeping in mind that an extraordinary situation requires extraordinary measures.” Making antecedent verification mandatory for all law graduates, from their native place and from the place of study, Mr. Justice Kirubakaran said, “The BCI shall not enrol any law graduate with pending criminal cases except bailable and compoundable [ones].”

Persons facing charges punishable with up to three years of imprisonment shall be given only provisional or conditional enrolment, he added.

The court also directed the BCI to direct law institutions not to admit candidates with criminal cases pending, except minor offences.

A blanket ban was also issued to enrol anyone who had been convicted, dismissed or removed from service.

“The BCI shall not conduct the next Bar Council election after the expiry of the present term in 2016 without prescribing minimum qualification like 20 years standing in the Bar, who does not have any criminal background for candidates to contest the Bar elections,” the court said.

Considering the enormously increasing advocate population year after year, Mr. Justice Kirubakaran directed the BCI to reduce the number of seats in law colleges drastically and also the number of colleges.

To ensure smooth functioning of the Bar Associations, the court directed the BCI to withdraw recognition given to various Bar or Advocates Associations for the past 20 years maintaining one court-one Bar Association policy.