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KANDE VENKATESH GUPTA (ADVOCATE)     01 April 2009

study of law

Is Bar Council of India justified in imposing age restriction for study of law i.e., 20years for 5 year law course and 30 years for 3 year law course?  Is it not contrary to fundamental duty of citizen i.e., to know law of the land since according to our legal system, Ignorance of fact is excusable but ignorance of law is not execusable?



Learning

 7 Replies

N.K.Assumi (Advocate)     01 April 2009

This is  a piece of disturbing restriction imposed by the Bar Council of India. I am not happy with the restrictions.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 April 2009

yes. Your point is good. it may be. Af far as practicing in law is concerned, that is the age limit. But law can be learn at any age in his/her life time.


 

N.K.Assumi (Advocate)     01 April 2009

There is no logic in the restrictions. In the case of Indian Council of Legal Aid and Advice etc Vs Bar Council of India as reported in 1995 1 SLR 562: Supreme Court Held, Statue law does not empower Rule making authority to frame a restrictive provisions. In that case the BCI frame a rule barring persons who hve completed 45 years of age from enrollment as an Advocate: The impugned rule was declared as ultra vires by the SC.

Ashey   01 April 2009

i don't think so ... law can be taught at the school levels and made a mandatory subject in all schools ... there is no age restriction for learning anything .. but to practice it as a profession there should be certain restrictions like this ..

Swami Sadashiva Brahmendra Sar (Nil)     01 April 2009

restriction is about admission for degree in law. who is restricting the learning and knowing the law ?


if it is the argument that ' ignorance of law is not execusable" therefore , the restriction is violative of fundamental duty (as well as fundamental right), then it can also be argued that all persons (without any educational eligibility criteria and even illiterates) have right to take admission in law course.

ritu bhadana (advocate)     02 April 2009

i totally agree with mr. tripathi

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     02 April 2009

Respected Sirs/Ma'am.


This is serious issue to understand. This will violate the fundamental right given to citizens under constitution. According to me this is not at all good idea to restrict to get knowledge of law.In Politics also there is no Age criteria to enter into active party politics and run the nation or become minister or PM or even President.


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