Before enrolment as an Advocate, law degree must be secured by a college recognized or approved by BCI: Supreme Court

Before enrolment as an Advocate, law degree must be secured by a college recognized or approved by BCI: Supreme Court

In an important judgement Supreme Court of India held that for the enrolment as an advocate, degree must be obtained by the law college which is recognized or approved by BCI.

In the present case Bar Council of India filed an appeal against the against the order of Division Bench of the Orissa High Court in W.P.(C). No. 32506 of 2011, dated 21.09.2012. The aforesaid order passed by Division Bench directed the BCI to enroll respondent as an advocate.

However, by order dated 28.01.2013, the apex court stayed the operation of the impugned order.

Respondent No. 1 secured his law degree from Vivekananda Law College, Angul, in the year 2009. This college is not recognized/approved by BCI. In fact, by letter dated 05.01.2002, BCI had directed Vivekananda Law College, Angul, not to admit students in law course stating that students so admitted would not be eligible for enrolment as Advocates.

BCI stated to this effect again in its letter dated 28.02.2011 addressed to the Orissa State Bar Council. As a corollary, the Orissa State Bar Council rejected the application of respondent No. 1 for enrolment as an Advocate, vide letter dated 04.05.2011. Aggrieved thereby, respondent No. 1 filed W.P.(C). No. 32506 of 2011 before the Orissa High Court.

Division Bench of the Orissa High Court while placing the reliance on V. Sudeer vs. Bar Council of India and another [(1999) 3 SCC 176] opined that once a candidate fulfilled the conditions stipulated in Section 24(1) of the Advocates Act, 1961 (for brevity, ‘the Act of 1961’), and did not suffer any disqualification under Section 24A thereof, he would be entitled to enrolment as an Advocate. Further, the Division Bench held that BCI could not frame rules and add any condition for enrolment in addition to what was prescribed under Section 24 of the Act of 1961. Holding so, the Division Bench granted relief to respondent No. 1.

In the Constitution Bench’s judgement in Bar Council of India vs.cBonnie Foi Law College & Ors. [Civil Appeal No. 969 of 2023 etc., decided onc10.02.2023], it was held that Section 49 read with Section 24(3)(d) of the Act of 1961 vested BCI with the power to prescribe the norms for entitlement to be enrolled as an Advocate.

It was observed that the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid.

Therefore, allowing the appeal the Hon’ble Supreme Court set aside the order dated 21.09.2012 passed by the Orissa High Court in W.P.(C). No. 32506 of 2011.

Case:

BAR COUNCIL OF INDIA ….Appellant Vs. RABI SAHU & ANR. ….Respondents

CIVIL APPEAL NO. 8571 OF 2013

JUNE 9, 2023.