SC questions BCI for making lawyers to clear exam to practise

The Supreme Court on Tuesday questioned the Bar Council of India (BCI) for making it mandatory for every lawyer to pass the All India Bar Examination within two-years after enrolment.

The apex court observed that the clause is in violation of a member’s fundamental right to practice the profession.

“How are you holding this examination? What is its basis without any amendment to the statute? Have you become a law unto yourself,” a bench presided over by Chief Justice T S Thakur asked advocate A Prasad, appearing for the BCI.

The counsel for the BCI, the apex regulatory body for the advocates, submitted that the All India Bar Examination, intended to set a minimum benchmark for admission to the practice of law for the advocates, was introduced on the basis of a recommendation by a committee following an apex court judgment. The rules in this regard were notified on June 5, 2010. The bench, also comprising Justice U U Lalit, however, pointed out that the committee itself has recommended for amendment to the Advocates Act before introducing any such examination.

“To say that one has to pass an examination for practising as advocate will negate his or her right to profession. A law graduate has a fundamental right to practice. Conditions can't be put after enrolment. If at all it is required, the condition should be put at the enrolment stage,” the bench added.

Advocate Sanjay Nuli, appearing for Bengaluru-resident one R Nagabushana, challenged the rules framed by the BCI making it compulsory for every law graduate to clear the examination. To the BCI counsel’s contention that the decision for examination was taken on the basis of a judgment by the apex court, the bench said the verdict has made suggestion for it but only after making amendment in the statute.

The court also said in the US, it is mandatory to clear an examination to practice as an advocate and it is held regularly to assess the advocates. The court put the matter for further consideration on Wednesday, directing the counsel to produce the Law Commission's reports, which had, if at all, recommended for holding the examination.

To say that one has to pass an examination for practising as advocate will negate his or her right to profession. A law graduate has a fundamental right to practice