Bar association elections: Lawyers who secured under 50 percent marks in Law-GAT can't vote: SC

ISLAMABAD: The Supreme Court on Monday barred young lawyers, who failed to secure 50 percent marks in the Law Graduate Assessment Test (Law-GAT), from polling vote in the upcoming bar association/councils' elections. The Supreme Court on March 6, 2018, had directed the restoration of the Law-GAT by the Pakistan Bar Council through the Higher Education Commission (HEC).

The objective of the assessment test is to ensure proper scrutiny and evaluation of a law graduate desirous to join the legal profession. A law graduate will only become eligible to apply for Bar Council membership as an advocate if he/she qualifies the assessment test.

A three-judge bench, headed by Justice Umar Ata Bandial, said that the voting rights would be granted to only those lawyers who would secure 50 percent marks in the Law-GAT. Justice Bandial, while addressing the counsel for young lawyers, said "We all should make efforts to improve the Bars standard."

Those lawyers who could not obtain 50 percent marks in Law-GAT should not be eligible for voting, he added. The judge, however, said the lawyers who have not secured 50 percent marks in the test can practice. The lawyers apprised that 'irrelevant' questions were asked in the test.

The court said new lawyers after passing the test could cast a vote, adding the voting right should be given to the qualified lawyers. The lawyer leaders said due to the court order around 5,000 lawyers all over the country would not be able to cast a vote in the upcoming bar association/council elections.

The counsels prayed before the bench to relax the passing marks. However, Justice Bandial said that the provincial bar council could not reduce the passing marks as this was the authority of the PBC and the HEC. The Pakistan Bar Council was ordered to prepare a guide two weeks prior to the examination. The case was adjourned sine die.

Copyright Business Recorder, 2020