Only Graduates from Recognized Law Colleges can enroll as Advocates as prescribed by Bar Council : Supreme Court

Keywords: Approved by BCI, Advocates Act, 1961, Derecognized , BCI or Bar Council, AIBE Judgment, Advocate

Case Title : Bar Council of India Vs. Rabi Sahu & Anr, Civil Appeal No. 8571 of 2013

Supreme Court by rejecting the Orissa High Court Order and upheld the decision of case Bar Council of India Vs. Bonnie Foi Law College & Ors. held that BCI regulation for a graduate to be completed his degree from a recognized college by BCI as a prior condition in order to enroll as an Advocate can’t be invalidated.

It was also held that Sec.49 by reading with sec. 24(3)(d) of Advocates Act of 1961 provides Bar Council with the power to prescribe pre-enrollment conditions for the entitlement to enroll Advocates.

It was noted by the Court that AIBE judgment( V. Sudheer Vs. Bar Council Of India ) laid wrong decision and was erronious , thus held to be invalid as it laid out the judgment that BCI can’t frame rules on pre-enrollment conditions as it’s statutory functions.

In case, Bar Council of India Vs. Rabi Sahu & Anr. , Respondent completed his degree of law from a de-recognized College ( Vivekanand Law College) as BCI directed the college to not admit Law aspirants , so Orissa State Bar didn’t enroll him as Advocate but Orissa High Court directed his decision in favor of Respondent on basis of V. Sudheer’s judgment.

But Court rejected it’s judgment by allowing the appeal of BCI and held that Bar Council has its power vested under Advocates Act of 1961 itself to frame pre-enrollment conditions and provisions to enroll Advocates and it’s validity can’t be challenged as it’s completely legal.

Name : Chanchal, College Name : GLA University, Mathura, Semester 2nd, an intern under Legal Vidhiya

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