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Report No. 184

1.9 The Commission's views:-

After the Working Paper, the Commission has now had the benefit of a variety of views expressed by the various bodies. It has perused the report of the Curriculum Development Centre, 1988-1990 and 2001 of the UGC, the Report of the Parliamentary Committee on Subordinate 12 Legislation (1993-94), considered the views of the All India Teachers' Association of Universities 1999, and of the 'First National Consultative Conference of Heads of Legal Educational Institutions' organized by the National Law School of India University, Bangalore.

1.10 The Commission feels that, in the light of the above views, particularly of the Bar Council of India on the one hand and the Faculty and the UGC on the other hand, a deeper study of the constitutional and statutory roles of the BCI and UGC is necessary. These roles have already been demarcated by the constitutional provisions and by judgments of the Supreme Court and the High Courts. As we shall presently show, the provisions relating to the jurisdiction or functioning of the Bar Council of India and the UGC/Faculty, have to be ultimately harmonized.

1.11 The respective roles of the Bar Council of India and of the Faculty have also been succinctly summarized by the Law Commission of India in its 14th Report (1958), which was chaired by Shri M.C. Setalvad, the then leader of the Indian Bar. We shall also refer to that Report. The constitutional and legal position was considered again in the Report of three-Judge Committee headed by Justice A.M. Ahmadi in 1994.

1.12 The Commission does not propose to deal in this Report with issues relating to 'Entry of Foreign Legal Consultants and Liberalisation of Legal Practice' nor with the question of constitution and elections to Bar Councils or membership of disciplinary committees. The Commission proposes to take up various issues which are equally important and which would go a long way in improving the quality of legal education.

The 13 subjects are: the respective roles of the Bar Council of India and the UGC in regard to maintaining standards of legal education as disclosed by the constitutional provisions in Sch. VII of the Constitution of India; the membership of the Legal Education Committee; devising an effective procedure for consultation by the Bar Council of India with the universities; need for the Bar Council of India and UGC to study various aspects of legal education; streamlining permissions and inspections; teaching of 'problem methods'; training in ADR procedures; better system of examination and establishing special centers for updating and improving the quality of teaching; apprenticeship or training and Bar examination, etc.



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