AIBE-Validity Of All India Bar Examination- Supreme Court Constitution Bench Reserves Judgment- LIVE UPDATES

Vishwanathan invoking the doctrine of ejusdem generis: Clause (d) will have to be read keeping in mind clauses (a), (b), (c).

Justice Khanna: Can the BCI exercising its general power of superintendence not issue directions that before this condition is satisfied, the SBCs will not enrol the advocate? This is de hors your argument.

Vishwanathan: Yes.

Vishwanathan: S 49(1)(ag) is source for power to determine person ENTITLED to enrol. This has to be harmoniously construed w S 24. Sudeer incorrectly said that S 49(1)(ag) is subject to S 24(1). 

Justice Kaul to Mishra: You give me a short note as well. If you have anything additional, I'll take a look.

Justice Khanna: Only when you are enrolled as an advocate, the HC rules will prevail over the BCI rules. Because you need to be enrolled first

Justice Kaul: Vishwanathan, much as I don't like supplementary notes, you need to give me a note on the issues raised today. This is a rare case where I would like a note.

Vishwanathan: Suppose there is an enrolment of an advocate, then he becomes a stockbroker. After 15 yrs, he goes back to practising law. I believe there, an exam u/s 49(1)(ah) can be conducted, to answer your question.

Vishwanathan: There are diff categories for persons for whom the exams might need to be conducted. That is when S 49(1)(ah) becomes relevant.

Justice Khanna asks if the HC can frame rules requiring practising advocates to first pass an exam.

Vishwanathan: Yes.

Mishra draws the attention of the Court to such rules framed by the Patna and Allahabad HCs.

Justice Kaul, referring to the framework of enrolment: Can there be some thought process, some uniformity in it?

Mishra: We can look into all these aspects u/s 48(b) and issue directions to SBCs.

Vishwanathan refers to S 21 which talks about seniority on the basis of age for same-day enrolments.

Justice Kaul on the need to iron out creases: Say pre-enrolment exams take place. We don't want another litigation on how it will work out.

Justice Kaul: There is an enrolment committee which sits, and enrols a number of graduates alphabetically, is that correct?

Senior Advocate Manan Kr Mishra: DoB would decide.