In a significant decision, the Supreme Court of India has upheld the authority of the Bar Council of India (BCI) to establish qualifications and prerequisites for advocates seeking enrolment with State Bar Councils. The ruling, delivered by Justices Vikram Nath and PV Sanjay Kumar, reaffirms the BCI's role in regulating the educational qualifications of aspiring advocates before their enrolment.
The judgment comes in response to an appeal filed by the BCI against an order by the Orissa High Court, which had directed the enrolment of a candidate despite their graduation from an unrecognised institute, Vivekananda Law College at Angul. The apex court overturned the High Court's decision, stating that the BCI's requirement for candidates to complete their law course from recognised institutions was valid and in line with the BCI's powers as stipulated in Section 49 read with Section 24(3)(d) of the Advocates Act, 1961.
The Supreme Court's ruling was based on a Constitution Bench judgment earlier this year, which clarified that the BCI possesses extensive pre-enrollment powers. The Court firmly established that the BCI's authority to prescribe norms for advocate enrolment cannot be dismissed, contrary to the earlier decision in V. Sudeer vs. Bar Council of India & Anr.
With this ruling, the Supreme Court has settled the question of whether the BCI has the jurisdiction to regulate educational qualifications for advocates before their enrolment. The decision bolsters the BCI's ability to maintain the integrity and standards of legal education in India.
Advocate Ardhendumauli Kumar Prasad represented the Bar Council of India in the case, emphasizing the BCI's role in upholding the educational requirements for aspiring advocates.
This judgment sets a vital precedent for the legal profession and ensures that advocates receive their qualifications from recognized law colleges, ultimately enhancing the quality and competence of the legal fraternity.
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