IN THE SUPREME COURT OF INDIA
SLP (C) 22337 OF 2008
IN THE MATTER OF:
BAR COUNCIL OF INDIA

…

Petitioners

Versus
BONNIE FOI LAW COLLEGE & Ors.

…

Respondents

ALONG WITH
IN THE SUPREME COURT OF INDIA
TRANSFER CASE NO. 13 OF 2011
CONVERTED FROM
MADHYA PRADESH HIGH COURT WRIT PETITION (C) 9370 OF 2010
IN THE MATTER OF:
ANUJ AGARWAL

…

Petitioners

Versus
UNION OF INDIA & Ors.

PROPOSED

QUESTIONS

…

Respondents

OF

LAW

FOR

REFFERAL

OF

CASES

CHALLENGING THE BAR EXAM TO A CONSTITUTION BENCH

Pursuant to the Hon'ble CJI oral instructions to all the counsels involved in the case to
submit a list of questions/proposals on whether the above mentioned case should be
referred to a Constitution Bench or not and if so, what should should be the questions of
law for referral of the same, following are the questions submitted by the petitioner's
counsel Kartik Seth, appearing in Transfer Case (C) 13 of 2011, Anuj Agarwal vs.
Union of India.
This proposal only contains questions of law and not the stand taken by the petitioner
with regard to the questions of law laid down herein below.

 QUESTIONS OF LAW FOR REFERRAL -:

1. Whether Rule 9 to Rule 11 framed under Chapter VI of the Bar Council of India

Rules which introduces the Bar Exam are ultra vires the Section 16, 24 and
Section 30 of the Advocates Act, 1961?
2. Whether Rule 9 to Rule 11 framed under Chapter VI of the Bar Council of India

Rules are ultra vires the Article 14 and Article 19 (1) (g) of the Constitution of
India?
3. Whether Rules 9 to Rule 11 framed under Chapter VI of the Bar Council of India

Rules are contrary to the judgment in V Sudeer vs. Bar Council of India & Anr,
1999 (3) SCC 176 and whether the abovementioned judgment requires
reconsideration by a larger bench?
4. Whether Bar Council Of India is the competent authority under the Advocates

Act, 1961 to hold any post enrollment Bar Exam?

The petitioner's stand on the above mentioned questions shall be submitted through a
detailed written submission and through oral submissions during the course of the
hearing.

Note : Apart from the questions of law, the competence of BCI to hold a Bar Exam in a
fair and transparent manner has been questioned in an article published by a leading
legal website “Legally India” raising certain questions of propriety/honesty with regard
to the current BCI regime headed by Mr Manan Kumar Mishra. I have attached the same
to this list of questions for your kind perusal/attention.

Drawn & Submitted By : Kartik Seth
Advocate

DATED : 17.3.2016