Supreme Court Half Yearly Digest 2023 - Advocates & Bar Councils

Advocate making baseless allegation that another lawyer took money in judge's name; Supreme Court affirms contempt of court proceedings. Gunjan Sinha @ Kanishk Sinha v. State of West Bengal, 2023 LiveLaw (SC) 230

Advocates Act 1961 - No provisions prohibit BCI from prescribing pre-enrolment exam- Neither these provisions, nor the role of the universities to impart legal education, in any way, prohibit the Bar Council of India from conducting pre-enrolment examination, as the Council is directly concerned with the standard of persons who want to obtain a license to practice law as a profession. (Para 20) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Advocates Act 1961 - Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time. (Para 19) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Advocates Act 1961 - The objective of the legislature while giving wide powers to the Bar Council of India under Section 49 of the Advocates Act which gives it the power to prescribe rules, read with Clause (d) of Sub-section (3) of Section 24, which gives it the power to prescribe norms for entitlement to be enrolled as an advocate under the rules of the Bar Council of India, leads us to the conclusion that these are adequate powers with the Bar Council of India under the said act to provide for such norms and rules. We are, therefore, of the view that while considering the question referred to us, the only conclusion is that the interdict placed by the judgement of this court in V. Sudeer on the powers of the Bar Council of India cannot be sustained and we cannot hold that this decision laid down the correct position of law. The effect of the view expressed by us would be that it is left to the Bar Council of India as to at what stage, the All-India Bar Examination will be held, that is, pre-enrolment, or post-enrolment. (Para 33) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Advocates Act, 1961 - Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. 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. Bar Council of India v. Rabi Sahu, 2023 LiveLaw (SC) 481 : 2023 INSC 577

Advocates Act, 1961 - Bar Council of India Certificate and Place of Practice (Verification) Rules 2015 - Having regard to the larger dimensions of this matter and the direct impact which the enrollment of fake degree holders and other persons who are not found to be in possession of the qualifications required for entry into the Bar have on the administration of justice, we accede to the suggestion of the Bar Council of India that a High Powered Committee should be constituted by this Court to monitor the process of verification. In our view, such a High-Powered Committee should be chaired by a former Judge of this Court and its members should consist of: (i) two Judges of the High Court; (ii) two senior advocates; and (iii) three members of the Bar Council of India. (Para 13) Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307 : 2023 INSC 346 : (2023) 6 SCC 144

Advocates Strikes - The Supreme Court requested all high courts to constitute grievance redressal committees comprising the chief justice and two other senior judges, one from the Bar and another from services to avert lawyers' strikes. District Bar Association Dehradun v. Ishwar Shandilya, 2023 LiveLaw (SC) 331 : AIR 2023 SC 2088 : 2023 INSC 405

All India Bar Examination - BCI may lay down a rule that people who were in non-legal jobs for a certain number of years should qualify AIBE to rejoin legal profession. (Para 42) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

All India Bar Examination - It has to be left to the Bar Council of India as to at what stage the All India Bar Examination has to be held – pre or post enrolment. (Para 35) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

All India Bar Examination - Strictly follow the schedule of conducting AIBE twice a year as otherwise the students with law degrees would be left idling their time. (Para 36) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

All India Bar Examination - Supreme Court accepts the suggestion of amicus curiae that students who have cleared all examinations to be eligible to pursue the final semester of the final year course of law, on production of proof of the same, could be allowed to take the All India Bar Examination - During the interrugnum between passing the university and enrolment, any graduate with the degree who is yet to appear for the Bar examination or get enrolled under the said Act should be able to do all the tasks allied to the legal profession other than the function of acting or pleading before the courts. (Para 38) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Bar Council of India - Ensure enrolment fee does not become oppressive- different State Bar Councils are charging different fees for enrolment. This is something which needs the attention of the Bar Council of India, which is not devoid of the powers to see that a uniform pattern is observed and the fee does not become oppressive at the threshold of young students joining the Bar. (Para 44) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. Bar Council of India v. Rabi Sahu, 2023 LiveLaw (SC) 481 : 2023 INSC 577

Bar Council of India Certificate and Place of Practice (Verification) Rules 2015 - The due verification of advocates who are enrolled with the State Bar Councils, is of utmost importance to preserve the integrity of the administration of justice. Persons who profess to be lawyers, but do not either have the educational qualifications or degree certificates on the basis of which they could have lawfully granted entry to the Bar, pose a grave danger to the administration of justice to citizens. Hence, it is the duty of every genuine advocate of the country to ensure that they cooperate with the Bar Council of India which is seeking to ensure that the certificates of practice are duly verified, together with the underlying educational degree certificates. Unless this exercise is carried out periodically, there is a danger that the administration of justice would be under a serious cloud. (Para 10) Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307 : 2023 INSC 346 : (2023) 6 SCC 144

Code of Civil Procedure, 1908; Order XXII Rule 3 – Advocate appearing for the Defendant could have signed the compromise petition without an express consent. It is an imperative duty of the Court to ascertain the genuineness and lawfulness of the compromise deed. (Para 100) Prasanta Kumar Sahoo v. Charulata Sahu, 2023 LiveLaw (SC) 262 : 2023 INSC 319

Contempt of Courts Act, 1971 - Supreme Court affirms contempt of court proceedings against advocate for raising frivolous allegation that another lawyer was taking money from clients in the name of judges - Reduces penalty from Rupees 2 lakhs to Rs 1 Lakh. Gunjan Sinha @ Kanishk Sinha v. State of West Bengal, 2023 LiveLaw (SC) 230

Duty of all genuine lawyers to get their degrees verified: Supreme Court forms expert committee to oversee verification. Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307 : 2023 INSC 346 : (2023) 6 SCC 144

Legal profession is no longer a family profession; newcomers must be encouraged’: Supreme Court encourages diversity in senior designations. Indira Jaising v. Supreme Court of India, 2023 LiveLaw (SC) 425 : 2023 INSC 524

No strict age bar of 45 years for senior designation, but only exceptional advocates be designated below this age. Indira Jaising v. Supreme Court of India, 2023 LiveLaw (SC) 425 : 2023 INSC 524

Senior Advocate Designation – Guidelines modified - Process should be done at least once a year - Reduces points assigned for publication; expands its scope to include teaching assignments and guest lectures - No strict age bar of 45 years for senior designation, but only exceptional advocates be designated below this age - Legal Profession no longer a family profession; newcomers must be encouraged - Role played by lawyers in cases to be assessed than counting mere appearances. Indira Jaising v. Supreme Court of India, 2023 LiveLaw (SC) 425 : 2023 INSC 524

Senior Advocate Designation: Supreme Court reduces points assigned for publication; expands its scope to include teaching assignments and guest lectures. Indira Jaising v. Supreme Court of India, 2023 LiveLaw (SC) 425 : 2023 INSC 524

Senior Advocate Designation: Supreme Court says role played by lawyers in cases to be assessed than counting mere appearances. Indira Jaising v. Supreme Court of India, 2023 LiveLaw (SC) 425 : 2023 INSC 524

Supreme Court Constitution Bench upholds the validity of All India Bar Examination - Recongizes the right of Bar Council of India to prescribe such a condition for practice - Overrules decision in V. Sudeer v. Bar Council of India, (1999) 3 SCC 176, in which the top court had held that no condition, other than those enumerated in Section 24 of the Advocates Act, could be imposed on a person wishing to practise law-Court however clarifies that the setting aside of the judgment in V. Sudeer is in no manner an imprimatur to mandating the requirement of pre-enrolment training. Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Supreme Court modifies guidelines for senior advocate designations; says process should be done at least once a year. Indira Jaising v. Supreme Court of India, 2023 LiveLaw (SC) 425