Law: Legal Practitioners and Bar Councils Act, 1973

Section: 13

Law: Constitution of Pakistan, 1973

Section: 199

(a) Educational institution------- Mushroom growth of educational institutions---Effect---Because of mushroom growth of educational institutions where commercial consideration is outweighing scholastic considerations, the standard of education has gone down---More emphasis is on showing of beautiful campuses and less on scholarship.(b) Legal Practitioners and Bar Councils Act (XXXV of 1973)-------S. 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Functions of Pakistan Bar Council---Scope---Conducting examination before enrolment as Advocate of Supreme Court---Pakistan Bar Council had made a policy whereby Law Graduates from Al-Khair University were to take examination in the subjects of Civil Procedure Code, 1908, and Criminal Procedure Code, 1898---Contention of the petitioners was that the Pakistan Bar Council could not give such examination as the same was against the functions reflected in S.13 of the Legal Practitioners and Bar Councils Act, 1973---Validity---Pakistan Bar Council exercises control and supervision over the Provincial Bar Councils under S.13 of the Legal Practitioners and Bar Councils Act, 1973 and amongst its functioning is to promote legal education and prescribe standards of such education as well as to recognize Universities whose degrees are to be considered as proper qualification for enrolment as an Advocate of all types and not merely Advocates of the Supreme Court---Due to overall recession in cadre intellectuality and sophistry in the profession of law, the society is put to suffering---Law on important current topics is not developing as it should and in the subordinate Courts, the situation is worse---Good majority of the practitioners institute their cause without acquainting themselves with the principles on the subject and without studying the latest case-law---Approach of such practitioners is that of trial and error, and this not only makes the litigants suffer, the time of the Courts is also wasted, with the result that the litigation is increasing and its burdens as well---Justice, therefore, is the victim and rule of law is the sufferer---Legal practice is a noble profession practised by people…