LI Network
Published on: 17 September 2023 at 12:59 IST
The Bar Council of India (BCI) has extended an offer to oversee the Common Law Admission Test (CLAT) for admissions into National Law Universities (NLUs) nationwide, as per the case of Sudhanshu Pathak v. Consortium of National Law Universities through Secretary & Ors before the Delhi High Court.
In an affidavit presented to the court, the BCI emphasized the importance of ensuring that no deserving candidate is denied the opportunity to take the CLAT due to a lack of proficiency in English.
The BCI cited its successful track record in conducting similar examinations, notably the All India Bar Examination, which it has carried out in a “fair and transparent manner.” In light of this, the BCI proposed:
“The Bar Council of India proposes that it may be permitted to constitute a body of experts through its Legal Education Committee to conduct CLAT. The Legal Education Committee will include sitting and former Hon’ble Judges, prominent figures in legal education, and eminent jurists.”
The BCI’s stance was outlined in a comprehensive affidavit submitted in support of a Public Interest Litigation (PIL) requesting that CLAT be conducted in regional languages alongside English.
The PIL was filed by a law student named Sudhanshu Pathak and was presented to the High Court through Advocates Akash Vajpai and Sakshi Raghav.
Both the BCI and the Central government have expressed their support for this plea. Nevertheless, the NLUs have asserted that conducting CLAT 2024 in regional languages may not be feasible, though they are exploring the possibility of including more languages in future entrance exams.
In its affidavit, the BCI highlighted that currently, CLAT is administered by a non-statutory body, the Consortium of National Law Universities, based on certain agreements between them.
The BCI also stressed that one’s knowledge of the English language should not be the sole determinant of intelligence, ability, acumen, dedication, or IQ. Therefore, the BCI advocated for the exam to be conducted in vernacular languages as well.
“At present, the Eighth Schedule of the Constitution specifies 22 languages—Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali, Maithili, and Dogri. English does not find mention here, though.”
The affidavit concluded by affirming that the BCI possesses the necessary mechanisms to conduct a common entrance test in various languages for legal courses in all institutions imparting legal education across the country, thereby providing opportunities for a more diverse group of citizens to pursue law as a career.