IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION (Under Article 136 of the Constitution of India) WRIT PETITION (CIVIL) NO. 600 OF 2g: IN THE MATTER SHAMNAND BASH EER ..Petitioners VERSUS UNION OF INDIA ORS. WITH COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT no.2 BAR COUNCIL OF INDIA PAPER BOOK (FOR INDEX KINDLY SEE INSIDE) INDEX TSNO. PARTICULARS PAGE NO COUNTER AFFIDAVIT ON BEHALF OF 1-8 THE RESPONDENT No.2 BAR COUNCIL OF INDIA ADVOCATE FQR THE KUMAR PRASAD Scannea by CamScanner THE SUPREME COURT or INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No. 600 OF 2015 IN THE OF SHAMNAD BASHEER VERSUS UNION OF INDIA 81 ORS. COUNTER AFFIDAVIT QN BEHALF OF THE 2 BAR UNCIL INDIA 1, Srimanto Sen, Shri Shantonu Sen, aged about 42 years, Secretary, Bar Council of India, having its of?ce at 21, Rouse Avenue, Institutional Area, Near Bal Bhawan, New Delhi 110001, do herE'by solemnly af?rm and declare as under:- 1. I am working on the post of Of?ciating Secretary, Bar Council of India and as such well acquainted and conversant with the facts and circumstances of the present case on the basis of Petition under reply and have fully understood the same and at the very outset, that the issues raised by the Writ Petitioner is of grave concern and require consideration by this Hon?bie Court. 3. That at the very outset, it is stated that this Counter af?davit is being ?led for the purpose of clarifying the position of the ansvvering respondent in conducting the Common Law Admission Test in short), ?which is at present being conducted by various National Layv Universities in short) on rotational basis as per mutual understanding between the participating NLUs and also for the purpose of Scanned By CamScanner statutory role of the answering respondent vis-a-vis Legal Education in the Country. 4. That it is humbly stated and submitted that the Advocates Act, 1961 has conferred upon the answering respondent the role of regulating Standards of Legal Education and to frame the Rules in this regard and also the power to inspect and recognize universities imparting Legal Education. 5. That it is most humbly stated and submitted that the answering Respondent is expressly and speci?cally empowered under the Act to regulate the legal Education in the Country under sections 7 and 49 of the Act. The relevant provisions are as under 7. Functions of Bar Council of India - .{djw The functions of the Bar council of india shall be 55 i1: *al'ablrakal'ahbbkat? '?kwii -- . f5; h. To promote legal education and to lay down i fast standards of such education in consultation With 1.10 the UniverSIt/es In ind/a such education - fjj?, and the State Bar Councr/s i. To recognize Universities whose degree in law shall be a quali?cation for enrolment as an advocate and for that purpose to and inspect Universities or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf (it) to recognize on a reciprocal basis foreign quali?cations in law obtained outside ind/a for the purpose of admission as advocate under this act. 49. General power of the Bar Council of India to make rules- (1) The Bar Council of India may make rules for discharging its functions under this Act and, in particular, such rules may prescribe - Scanne??by CamScanner 3 admission to a course of degree in law in any recognized University (50 the minimum qualification required for The standards of legal education to be observed by university in India and the inspection of Universities for that purpose. e. The foreign quali?cations in law obtained by person other than citizens of India which shall be recognized for the purpose of admission as an advocate under this Act. 6. That from the reading of the aforesaid provisions, it is evident that the answering Respondent has been conferred sole ??16 responsibility under the statute for regulating Legal Education in the Country. The perusal of the foregoing provisions makes it evident that it is the answering respondent, which is responsible for promoting legal education and for laying down standards of legal education in consultation with the ,?ijigc??;aanniversities imparting legal education and the State Bar . Egouncils. [Section it is also evident that the answering respondent is for visiting, either by itself or through the State 'JBar Councils, and recognizing the Universities imparting legal -- -. I education, and only the degrees in law awarded by the such Universities, recognized by the answering respondent, shall be a quali?cation for enrolment as an advocate. [Section Presently the visiting teams are headed by some experienced former Hon?ble judges of some high courts and it also consists of two professors of law and other subjects. 8. That it is the answering respondent, which has been entrusted "the'i?duty of recognizing the law degrees obtained from outside India on reciprocal basis for the purpose of admission as advocate under the act, which a matter of important foreign policy of the Government. [Section 9. That the answering respondent has been entrusted the duty to prescribe the minimum quali?cation required for admission Scanned By CamScanner it to a course of degree'in law in any recognized University [Section 49(1)(af)] and to prescribe standards of legal education to be observed by university in India and the inspection of Universities for that purpose. [Section and to prescribe foreign?quali?cations in law obtained by person other than citizens of India which shall be recognized for the purpose of admission as an advocate under this Act [Section 10. That for the aforesaid purpose, the Statute has provided for constitution of Legal Education Committee under section 10(2)(b) of the Act, which reads as under - 10. Constitution of committees other than disciplinary committees.? (1) A State Bar Council shall constitute the follow/mg standing committees, name/y;- an executive committee consisting of five (I (.1 A 9 members elected by the Council from amongst its members; an enrolment committee consisting of three members elected by the Council form amongst its ?k members. (2) The Bar Council of India shall constitute the following standing committees, namely an executive committee cons/sting of nine members elected by the Council from amongst its members; I a legal education committee cons/sting of ten members, of whom ?ve shall be persons elected by the Council from amongst its members and We shall be persons co-opted by the Council who are not members thereoli (3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other committees as it may deem necessary for the purposes of carrying out the provisions of this Act Scanne am canner 11. 12. "?i'i?i??responsibilities in relation to Legal Education and the 5 That it is evident on perusal of the provision of section 10 of the Act that the Legal Education Committee comprises of the ?ve members, who represent the advocates being members elected from amongst the advocates and ?ve members, who are non-members having signi?cant interest in legal education. At present, the Legal Education Committee is headed by a former Hon'ble Judge of this Hon?ble Court, 7 sitting Hon?ble Judges of different High Courts, one former Chief Justice of a High Court, 2 former Judges of different High Courts, 4 Vice-Chancellors of National Law Universities, 3 Law Dean, 4 Senior Advocates of Supreme Court and four other members from amongst the law educationists. That apart from above, the answering respondent is including Mr. K.K. Venugopal, Mr. P.P. Rao, Mr. Dushyant Dave apart from Attorney General for India, Solicitor General of India, Union Law SeCretary, Chairman University Grant Commission etc. the organization, which has statutory powers and fjf??ct?f?j?niversities are obliged in law to adhere to the standards and ruidelines framed by the answering respondent in discharge of'its statutory functions. 13. That the answering respondent has been successfully conducting the All India Bar Examination (AIBE) under the orders passed by this Hon'ble Court and has appointed Committee of experts to conduct the same since year 2011. The monitoring committee of All India Bar Examination is headed by a former Judge of this Hon?ble Court and it also consists of noted academicians. The elected members of Bar Council of India are not involved with the process of monitoring. 14. That in view of the above, it is evident that the answering respondent is solely responsible for maintaining the standards of legal education and is also sole concerned statutOry Scanned by CamScanner Scanne by CamScanner etc. (The name of chief-of DiretIOrate is to be decided by the Bar Council of India in consultation with Hon?ble Chief Justice of India) 18. That it is also relevant to mention here that judiciary has the foremost interest in the standard of legal education as well as legal profession, as ultimately the purpose of having a legal system in place is to serve the cause of justice and to dispense the same effectively. l9. Smilarly, the B.CI. is going to hold the next All India Bar Exam, in the month of November ?December 2016, as the -. Rules are mandatory and thousands of enrolled are waiting for the next All India Bar Exam. But after the decision of the constitution Bench Judgment the Council proposes to hold All India Bar Exam, prior to enrollment of the Advocates. That the answering respondent pr0poses Bar Council of India I- ?<35 its may be permitted to constitute the body of experts throng . . Legal Education Committee, to hold CLAT wherein the Legal I Education Committee council involve some sitting and former Hon?ble Judges, noted educationists of legal education and eminent jurists and such irregularities as complained of by the petitioner herein may be effectively redressed. . - I ?Irb ?5?fl r? I 21. That at present, the admissions to the NLUs are being made on the basis of an admission test, Which is being conducted by a nonstamtory body, while a statutory body regulating the mal education in the Country is duly constituted and is capable enough to conduct such admission tests. 22. That in view of the facts narrated herein above, it is most humbly submitted that the Hon?ble Court may consider the procedure and issue necessary guidelines for conducting such admission tests for entry into law courses. Scanned by CamScanner 8? That the contents of the present counter af?davit is being filed for clarifying the legal position governing the education 23. of law without making any averment in respect of the disputes and contentions raised by the petitioner in respect of mai- administration and other such issues of irregularities in conducting CLAT. That the answering respondent craves leave of this Hon?ble Court to ?le further af?davits/documents if and when required. That the facts stated herein above are true to my knowledge 24. as derived from the records of the case and no part of it is false and no material facts have been concealed therefrom. ?i That the annexure is true copy of its respective original. DEPONENT 25. VERIFICATION I, the abovenamed deponent do hereby verify that the facts stated in the above af?davit are true to my knowledge. No part of the same is false and nothing material has been concealed Veri?ed at New Delhi on this 2511" of September, 2016. therefromONENT 206., ?r Wavy/"f" (lemma? 8F lg Semi Filed by: KUMAR ADVOCATE FOR RESPONDENT No. CO GIL-11, LOWER GROUND FLOOR NEW DELHI-110024 LAJPAT NA Tel- 011-2983 3000-02 Scanned by CamScanner