Bar Council competence to require pre-enrollment or post-enrollment exams referred to Constitution Bench for authoritative determination.

The Supreme Court considered whether the Bar Council of India has competence to prescribe pre-enrollment training, a pre-enrollment examination, or alternatively a post-enrollment examination for advocates. Because these questions raised issues of considerable importance for the legal profession, the Court referred them for authoritative determination by a five-Judge Constitution Bench. The reference covered the validity of pre-enrollment training under the Bar Council of India Training Rules, 1995, the power to prescribe a pre-enrollment examination under the Advocates Act, 1961, and the alternative question of a post-enrollment examination under Section 49(1)(ah) of the Act.

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Issues: Whether the questions relating to the competence of the Bar Council of India to prescribe pre-enrollment training, pre-enrollment examination, and a possible post-enrollment examination required consideration by a five-Judge Constitution Bench.

Analysis: The matters raised were held to be of considerable importance for the legal profession and required authoritative determination. The Court therefore referred the questions to a Constitution Bench for consideration, including the validity of pre-enrollment training under the Bar Council of India Training Rules, 1995, the competence to prescribe a pre-enrollment examination under the Advocates Act, 1961, and the alternative question of a post-enrollment examination under Section 49(1)(ah) of the Advocates Act, 1961.

Conclusion: The questions were referred to a five-Judge Bench for decision.

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