BCI May Allow Persons With Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign From Job Within 6 Months After Clearing AIBE : Supreme Court

The Supreme Court, on Thursday, accepted the suggestion made by Amicus Curiae Senior Advocate KV Vishwanathan that persons engaged in other employments can be permitted to provisionally enrol with the concerned Bar Council and to appear in the All India Bar Examination (AIBE), and that upon clearing the AIBE, they can be given a period of 6 months to decide whether to join legal profession or continue with the other job.The Court said that the BCI may allow provisional enrolment for such persons with a window of 6 months for them to decide after clearing AIBE on giving up their employment to join legal practice. The Court also directed the Bar Council of India (BCI) to consider if fresh Bar examinations are to be conducted for advocates seeking to return to the legal profession after getting their licenses suspended to take up other employment. While hearing the Bar Council of India's ("BCI") challenge to the judgment of the Gujarat High Court, which allowed persons with other employments, whether full time or part-time, to enrol as Advocates without resigning from their jobs, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh had on a couple of occasions made suggestions pertaining to the quality of legal education; shortcomings of the Bar Examination; chamber placement of young lawyers. Senior Advocate, Mr. S.N. Bhat appearing on behalf of BCI had filed an affidavit apprising the Bench on the issues flagged by it. Amicus Curiae, Mr. K.V. Vishwanathan had also submitted his suggestions by way of a note. Enrolment for candidates pursuing employment - Roll No. and AIBE On previous occasions, the Bench had insisted that the BCI should consider balancing the requirement of the Bar Council to resign from current employment at the time of seeking enrolment and the difficulties of such candidates who are apprehensive of leaving their jobs even before appearing in the All India Bar Examination ("AIBE"). The Amicus, inter-alia, suggested that candidates with a job can be issued a roll number to take the examination, and can seek enrolment thereafter. It was also stated that a viva examination can be conducted for such candidates. Though the BCI had assured the Bench that it would look into the said aspect, it seemed to be anxious considering the fact that the Apex Court had ruled against compulsory internship being a pre-qualification for enrolment in V. Sudeer v. BCI (1999) 3 SCC 176. The Bench noted that the AIBE was introduced subsequent to the judgment as a prerequisite to be enrolled as an advocate. The provisional enrolment has a limited validity and an undertaking is to be provided by the Advocate that the same would be valid till he qualifies the AIBE within the stipulated time. It clarified - "The right to be enrolled arises from graduation and law degree, but subject to clearance of AIBE. Right to practice under Chapter 4 of the Advocates Act would not come into force immediately but would arise only after clearance of the AIBE exam….A person graduating in law does not get immediate right to practice before clearing the AIBE exam. It is provisional enrolment with limited validity upon undertaking given by the candidate. The objective of provisional enrolment is to facilitate writing of AIBE." In this regard, Mr. Vishwanathan had suggested that provisional enrolment number is to be maintained in two separate registers. The 'B' register would be for candidates who are pursuing full-time employment after graduation. Such candidates would be required to undertake that they would not be entitled to practice till they are employed. The Bench was of the view - "Their employment would be an impediment in being enrolled to practice. But it should not be an impediment in taking the examination." It was observed by the Bench that the BCI Rules contemplated that persons who are entitled to practice cannot pursue other employment and if they are engaged in employment they would not be allowed to practice as an Advocate during the period of such employment. The Bench stated - "Thus, a person who obtains the provisional enrolment to be entered in a B Register with continuing wish for existing profession/employment unless they attain to AIBE cannot insist on their being an existing right to practice merely on obtaining such a provisional enrolment in view of the bar created against practice on the account of the employment." As a balancing act, the Amicus had suggested that upon clearing the AIBE, a transitional period of 6 months can be given to such candidates, within which period they can submit an undertaking that they would give up their current employment and join the legal profession. The seniority of such a candidate would be considered from the date of giving of the undertaking. The Bench accepted the suggestions provided by the Amicus and noted - "We are inclined to accept the plea of the Amicus that the BCI may adopt the aforesaid process by giving provisional enrolment to enter in ...

BCI May Allow Persons With Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign From Job Within 6 Months After Clearing AIBE : Supreme Court

Sohini Chowdhury

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BCI May Allow Persons With Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign From Job Within 6 Months After Clearing AIBE : Supreme Court

Sohini Chowdhury

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