On A Long Break From Law Practice?Retake Bar Examination To Rejoin Profession : Supreme Court
An enrolled advocate, who has been employed in a ‘non-legal context’ for a substantial period of time would be deemed to be a ‘new enrolee’, should they wish to return to the legal profession, and would have to regain qualification by taking the All-India Bar Examination again, a Constitution Bench of the Supreme Court on Friday recommended, while upholding the power of the...
An enrolled advocate, who has been employed in a ‘non-legal context’ for a substantial period of time would be deemed to be a ‘new enrolee’, should they wish to return to the legal profession, and would have to regain qualification by taking the All-India Bar Examination again, a Constitution Bench of the Supreme Court on Friday recommended, while upholding the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination as an eligibility criterion to practise law in India.
The five-judge Bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.K. Maheshwari not only upheld the validity of the All-India Bar Examination and conceded to the bar council the power to determine whether the qualifying examination would be held before or after enrolment, but also explored the suitability of the various suggestions made by amicus curiae and Senior Advocate, K.V. Viswanathan with respect to multiple aspects of enrolment and legal practice. One of the most noteworthy recommendations that found favour with the bench was that of the bar council laying down an appropriate rule requiring such a person who has been in a non-legal employment for a substantial period of time to retake the qualifying examination once more.
This recommendation was made keeping in mind persons who despite being enrolled at the bar, “decide to take another job and come back into the profession after a considerable period of time, at times even post-retirement”. Justice Kaul wrote, “We are inclined to accept the suggestion in principle that appropriate rules can be framed laying down that an enrolled advocate who takes up an employment in a non-legal context for a substantial length of time (say for five years) would be deemed to be a new enrolee and in order to regain the qualification, that person would be required to take the All India Bar Examination once more.”
The judge also explained the rationale for accepting this suggestion in the following words:
“We believe that the requirements of an active legal practice and that of an unconnected job are different. Even if a person has a law degree or enrolment, it does not mean that his ability to assist the court would continue with him if there are long hiatus period of time in some unconnected job. He would have to hone and test his skills afresh. Thus, if there is a substantial break, norms should be specified by the Bar Council of India that to regain that qualification, the person would be subject to re-examination and would be required to take the All-India Bar Examination once more.”
Case Title
Bar Council of India v. Bonnie Foi Law College & Ors. | Special Leave Petition (Civil) No. 22337 of 2008