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2016 (3) TMI 1375 - SC - Indian LawsJurisdiction - power of Bar Council of India to prescribe an examination post enrollment of an advocate as a condition of eligibility for his continuing to practice at the Bar. HELD THAT:- The questions that fall for determination are of considerable importance affecting the legal profession in general and need to be authoritatively answered by a Constitution Bench of this Court. The matter is referred to a five-Judge Bench for consideration for determining the following questions: (1) Whether Pre-enrollment training in terms of Bar Council of India Training Rules, 1995 framed under Section 24(3)(d) of the Advocates Act, 1961 could be validly prescribed by the Bar Council of India and if so whether the decision of this Court in Sudeer vs. Bar Council of India & Anr. [1999 (3) TMI 662 - SUPREME COURT] requires reconsideration. (2) Whether a pre-enrollment examination can be prescribed by the Bar Council of India under the Advocates Act, 1961. (3) In case questions Nos.1 and 2 are answered in the negative whether a post-enrollment examination can be validly prescribed by the Bar Council of India in terms of Section 49(1)(ah) of the Advocates Act, 1961.
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