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Andhra Pradesh High Court
Judges : NARASIMHAM, PARTHASARATHI
Bar Council of India, New Delhi - Appellant
Versus
Gudimeda Kesavaramayya - Respondent
Decided On : 12-15-71
ADVOCATES ACT - SECTION 24 - BAR COUNCIL OF INDIA - POWER TO RECOGNISE LAW DEGREES - GRADUATES - CLASSIFICATION - ARTICLE 14 OF THE CONSTITUTION - VALIDITY.
Fact of the Case:
The respondent, a law graduate, applied to the Bar Council of Andhra Pradesh for admission on the roll of advocates. His application was rejected on the ground that as per the requirements laid down by the Bar Council of India, he was not eligible for enrollment as an advocate. The Bar Council of India had passed a resolution on 25-2-1963, which recognized degrees in law obtained before 30/06/1964 from any University in India, provided such degree was obtained after undergoing a course of study in law for a minimum period of two years after graduation. An exception was made for persons who commenced a course of study in law before graduation, prior to the 28/02/1963, provided they obtain a degree in law before the first October, 1966.
Finding of the Court:
The court held that the Bar Council of India had the power to recognize degrees of law obtained after 28/02/1963 subject only to the condition that a course of study of law is preceded by graduation. The court also held that the classification made by the Bar Council of India in fixing the time limit of 1st October, 1966, for persons who commenced their legal education prior to 28/02/1963, was not violative of Article 14 of the Constitution.
Issues: 1. Whether the Bar Council of India had the power to recognize degrees of law obtained after 28/02/1963? 2. Whether the classification made by the Bar Council of India in fixing the time limit of 1st October, 1966, for persons who commenced their legal education prior to 28/02/1963, was violative of Article 14 of the Constitution?
Ratio Decidendi: 1. The court held that Section 24 of the Advocates Act, 1961, vested wide discretion in the Bar Council of India in respect of recognition of law degrees taken after 28/02/1963. The power conferred by the statute on the Bar Council of India was sought to be curtailed by the respondent who argued that the provisions of Section 24 were controlled by Section 7. The court rejected this argument and held that the functions of the Bar Council were not limited to the definition of standards of legal education alone. 2. The court held that the classification made by the Bar Council of India in fixing the time limit of 1st October, 1966, for persons who commenced their legal education prior to 28/02/1963, was not violative of Article 14 of the Constitution. The court held that the classification was reasonable and that there was no denial of equality in fixing the outer time limit for the completion of the studies.
Final Decision: The appeal was allowed, and the respondent's application for a writ of mandamus was rejected.
( 1 ) THE respondent, a law graduate, applied to the Bar Council of Andhra, Pradesh for admission on the roll of advocates. His application was rejected on the ground that as per the requirements laid down by the bar Council of India, he was not eligible for enrollment as advocate. No degree of law obtained after 30/06/1964 from any University in India was recognised unless such degree was obtained after undergoing a course of study in law for a minimum period of two years after graduation. That rule was embodied in a resolution of the Bar Council of India adopted by it on 25-2-1963. By the same resolution an exception was made in regard to persons who commenced a course of study in law before graduation, prior to the 28/02/1963, provided they obtain a degree in law before the first October, 1966.
( 2 ) THE respondent took up a course of study in law prior to 28/02/1963, but did not obtain a degree in law within the time allowed viz. , 1/10/1966. He got a degree in law in 1969. The bar Council of Andhra Pradesh. therefor came to the conclusion that in terms of the resolution of the Bar Council of India, the respondent lacked the requisite qualification for enrolment.
( 3 ) THE respondent moved this Court under Article 226 of the Constitution of India and sought a writ of mandamus to compel the Bar Council of Andhra Pradesh to enroll him as an advocate. His petition rests on the plea that the fixation of the "upper limit of 1-10-66 as per the provision to resolution 201 of 1963 dated 25-2-63 of the Bar Council of India is ultra virus of its powers and null and void.
( 4 ) THE writ was granted by our learned brother, Krishna Rao, J. , and his decision is in question in this appeal preferred by the Bar Council of India.
( 5 ) IT is necessary for the elucidation of the contentions urged by counsel before, us, to advert to some provisions of the Advocates Act, 1961. The act, (Act 25 if 12961) is a consolidating and amending enactment relating to legal practitioners and its objective is to constitute an All India Bar. Chapter II of the Act provides for the constitution of the State Bar Councils and the Bar Council of India. Section 6 defines the functions of the State bar councils. Among others it is one of their functions to prepare and maintain roll of advocates and to admit persons as advocates on their rolls. The functions of the Bar council of India inter alia area,"to promote legal education and to lay down standards of such education in consultation with the Universities in India. imparting such education and the State Bar councils"and"to recognise Universities whose degree in law shall be a qualification for enrolment as an Advocate and for that purpose to visit and inspect universities. "
( 6 ) BESIDES the functions specifically defined in clauses (a) and (k) of Section 7, there is a residuary provision which empowers Bar Council of India "to do all other things necessary for discharging the aforesaid functions. "
( 7 ) THE third chapter of the Act contains provisions relating to the admission and enrolment of advocates. The controversy in this appeal relates to the exercise of the power under Section 24 of the Act. It provides that subject to the provisions of the /act and rules made thereunder, a person shall be qualified to be admittedly as an Advocate on a State roll, if in. Firstly in a person seeking admission as an advocate must be a citizen of India, and the second requirement is that he must have completed the age of twenty one years.
( 8 ) IT is the third condition that has given rise to the controversy. A degree of law is an essential pro-requisite for enrolment as an Advocate. If a person obtained a degree of law, from any University in India prior to 28/02/1963, that has been recognised as a sufficient qualification.
( 9 ) IT will be noticed that the date 28/02/1963 is mentioned as the dividing line. All degrees in law obtained before that date from any University are accepted without question o
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