VidhiSangh

Supreme Court of India · 10/02/2023

BAR COUNCIL OF INDIA versus BONNIE FOI LAW COLLEGE & ORS.

[2023] 2 S.C.R. 343 · 2023 INSC 116

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

On a reference whether the Bar Council of India may prescribe pre-enrolment training or examination and whether V. Sudeer, which struck down the 1995 Training Rules, needs reconsideration, a Constitution Bench held that V. Sudeer is not good law: the 1973 amendment withdrew only the State Bar Councils' power to require training and examination and left untouched the Bar Council of India's wider powers under Sections 7, 24(1), 24(3)(d) and 49(1)(ag) of the Advocates Act, 1961, which suffice to prescribe an examination for entry to the Bar. Whether the All India Bar Examination is held before or after enrolment is for the Bar Council; the Court endorsed suggestions on final-semester candidates, allied legal work pending the examination, re-examination after a long break, validity periods, uniform fees and a strict twice-yearly schedule. The ruling operates prospectively.

Issues

  1. Whether the Bar Council of India can validly prescribe pre-enrolment training under the Bar Council of India Training Rules, 1995 and whether V. Sudeer v. Bar Council of India requires reconsideration.
  2. Whether the Bar Council of India can prescribe a pre-enrolment examination under the Advocates Act, 1961, and if not, whether a post-enrolment examination can be prescribed under Section 49(1)(ah).

Provisions considered

Held

Result

Reference answered; V. Sudeer v. Bar Council of India held not to lay down the correct law, the Bar Council of India having power to prescribe an examination for enrolment under the Advocates Act, 1961, with its timing left to the Bar Council; judgment to operate prospectively and the Bar Council to act on the Court's observations within three months; civil appeal and connected petitions disposed of with parties bearing their own costs.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 343.