"Supreme Court upholds BCI Rule requiring Law Degree from Recognized Institutes for Advocate Enrolment"
In a significant ruling, the Supreme Court has upheld the Bar Council of India's (BCI) authority to establish qualifications and prerequisites for aspiring advocates seeking enrolment with State Bar Councils. The decision was made by a bench of Justices Vikram Nath and PV Sanjay Kumar, following a recent Constitution Bench judgment in the case of Bar Council of India vs. Bonnie Foi Law College & Ors.
The Court concluded that the BCI possesses the power, as per Section 49 read with Section 24(3)(d) of the Advocates Act, 1961, to prescribe norms for enrolment entitlement. Specifically, the bench validated the BCI's rule mandating that candidates must have completed their law course from recognized/approved colleges. The judgment overturns the Orissa High Court's order, which had directed the enrolment of a respondent who had graduated from an unrecognised institution, Vivekananda Law College at Angul.
The Supreme Court emphasized that the previous reliance on V. Sudeer vs. Bar Council of India & Anr. was erroneous, as the Constitution Bench had deemed it non-binding. The Court affirmed the BCI's expansive prerogatives in regulating educational qualifications preceding advocate enrolment. Consequently, the Court allowed the BCI's appeal and set aside the Orissa High Court's decision, stating that the respondent's enrolment as an advocate was unjustified due to his law degree obtained from an unrecognized institution.
Representing the Bar Council of India, Advocate Ardhendumauli Kumar Prasad argued the case before the Supreme Court.
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TAGS: Supreme Court BCI Rule law degree recognised institute advocate enrolment Constitution Bench Justices Vikram Nath PV Sanjay Kumar Bar Council of India vs Rabi Sahu and anr qualifications requirements State Bar Councils Bonnie Foi Law College & Ors. rule framed by BCI pre-enrolment conditions V.Sudeer (supra) Section 49 Section 24(3)(d) Act of 1961 power to prescribe norms entitlement enrolled as an Advocate Orissa High Court unrecognised institute educational qualifications Supreme Court ruling Bar Council of India appeal judgment overturned upheld precedent Advocate Ardhendumauli Kumar Prasad.
