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YASHWANT VARMA
Daeyoung Jung – Appellant
Versus
Bar Council of India – Respondent
| Table of Content |
|---|
| 1. foreign nationals can seek to enroll as advocates. (Para 1 , 2 , 3) |
| 2. statutory provisions for foreign nationals to enroll under indian law. (Para 8 , 10 , 11) |
| 3. discretion of bci in enrolment is limited by law. (Para 12 , 13 , 14 , 18 , 72) |
| 4. arguments regarding citizenship and qualifications for enrollment. (Para 16 , 17 , 26) |
| 5. court's directive to process the petitioner's application. (Para 54 , 62 , 79) |
JUDGMENT
Yashwant Varma, J.
1. Mr. Daeyoung Jung, a citizen of South Korea impugns the order of 23 July 2020 passed by the Bar Council of India [BCI] refusing his request for permission to be enrolled as an Advocate. He seeks to espouse a right which, according to him, would inhere in any duly qualified foreign national intending to pursue law as a profession in India and seeks a declaration that his right to practise law in the country is not barred by statute.
2. BCI has on its understanding of the provisions of Section 24 of the Advocates Act, 1961 [the Act] principally held that since duly qualified citizens of India have not been shown to be permitted to practice law in South Korea, the petitioner would be disentitled in terms of the Proviso to that Sec
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 ....
(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....
The court upheld the Bar Council of India's requirement for foreign law degree holders to pass a Qualifying Examination, emphasizing the necessity of competency assessment for legal practice in India....
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 right to practice law must adhere to explicit legislative provisions, where judicial directives cannot impose additional disqualifications beyond those established in statutes.
The right to practice law as an advocate is a statutory privilege contingent upon meeting specific legal qualifications, not an absolute fundamental right.
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.
A person included in medical practitioner register holds right to practice another profession and cannot enroll as advocate without prior cancellation of such registration, as bar rules prohibit enga....
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