SC tells BCI to restrict entry to maintain quality of lawyers

The Supreme Court on Tuesday told the Bar Council of India, regulating body for advocates, to restrict entry of people in the profession, in order to maintain the quality of lawyers.

A bench of Justices Sanjay Kishan Kaul and M M Sundresh said that the system can be improved at the entry level and it is the responsibility of the BCI to hold proper exams for it.

The court stressed at stringent checks on law schools as well.

The top court was hearing a plea by Bar Council of India (BCI) challenging the Gujarat High Court judgment, which allowed persons with other employment, either full-time or part-time, to enrol as advocates without leaving their jobs.

Senior advocate K V Vishwanathan, appearing as amicus curiae in the matter, suggested working out a mechanism, where people coming from employment are not enrolled and given the certificate at the outset, rather they are put up on a register qualifying them to write the examination and based on the result, the enrolment would follow.

He said that the person might be permitted to enrol with the Bar, after they qualify the written examination followed by a rigorous viva.

The court, however, said it might not be proper to permit enrolment of a person, who continued with an existing employment.

It also pointed out that when a professional enrolled with the Bar leaves the legal profession, he or she does not surrender the enrolment certificate, which is something BCI should also regulate.

Senior advocate S N Bhat represented the BCI before the bench.

The top court told the BCI counsel that the rigour of its exam must test knowledge and pointed out there are ample instances where people get law degrees without attending classes and cited cases where law courses are taking place in cowsheds.

The bench told the BCI counsel to control entry to determine quality of people entering the profession.

The court put the matter for further hearing on February 22.

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