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SANJAY KISHAN KAUL, M. M. SUNDRESH
Bar Council of India – Appellant
Versus
Twinkle Rahul Mangaonkar – Respondent
ORDER
1. The Bar Council of India (BCI) has filed the status report dated 11.04.2022 and we have the benefit of the additional note filed by Mr. K.V. Viswanathan, learned Amicus Curiae. Taking into consideration the order passed on 15.03.2022 which has resulted in the aforesaid being filed, we consider it appropriate to take the matter forward in the following terms :
ROLL NUMBER AND ALL INDIA BAR EXAMINATION (AIBE)
2. The Bar Council of India appears to have some apprehensions in the path ahead on this aspect on account of Rules prescribing compulsory internship being struck down by the Supreme Court in the case of V. Sudeer vs. BCI (1999) 3 SCC 176.
3. The subject matter debated in the aforesaid judgment was the challenge to the validity of the Bar Council of India Training Rules, 1995 and prohibiting enrolment as an Advocate unless he/she was eligible to do so on having undergone training under the Rules. The trainee was enrolled provisionally as "Trainee Advocate" with a limited right to enter appearance in courts and seniority was to be taken from the date of provisional enrolment. This was held not permissible as per the powers conferred on the BCI.
4. The AIBE was introduced subs
The main legal point established in the judgment is the requirement for advocates to clear the AIBE before being entitled to practice, and the need to balance the rights of advocates with the doctrin....
The main legal principle established is that LLB graduates in employment should be given the flexibility to appear in the All India Bar Examination and decide on employment after passing the exam, in....
(1) Bar Examination and pre-enrolment training – Bar Examination and pre-enrolment training – Quality of lawyers is an important aspect and part of administration of justice and access to justice – H....
Enrolment as Advocate – 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.
The court emphasized the need for transparency and convenience in the enrolment process, while upholding the requirement of proof of residence as necessary for maintaining discipline and regulatory c....
The impugned rule restricting enrolment of advocates engaging in other professions is a reasonable restriction under the Advocates Act and Articles 19(1)(g), 14, and 21 of the Constitution, ensuring ....
An affiliation with the Bar Council is mandatory for enrollment as an Advocate.
Point of Law : voluntarily suspended from legal practice then such a person cannot be said to have the legal right to practise as an Advocate.
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