BCI’s rule to enroll the law graduates as Advocates only from recognized Law Colleges is not invalid: Supreme Court

On June 09, 2023, the vacation bench of the Supreme Court set aside the order of the Orissa High Court regarding the enrolment of law graduates. The HC stated that the Bar Council of India (BCI) cannot impose a condition that an individual must graduate from a recognized law college to enroll as an Advocate. Justice Vikram Nath and Justice Sanjay Kumar observed that the rules framed by BCI regarding the enrolment of a law graduate as an advocate cannot be viewed as invalid. During the proceedings, the bench ordered, “Viewed thus, the 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, as was held in the impugned order. We, therefore, have no hesitation in holding that the Division bench was not justified in directing the enrolment of respondent No. 1 as an Advocate, despite the fact that he secured his law degree from a college which was not recognized or approved by BCI.” The Supreme Court allowed the appeal filed by the BCI. 

In this case, the respondent secured his law degree in 2009 from Vivekananda Law College, Angul. BCI directed the College not to admit students in law courses and stated that the students admitted to the mentioned college would not be eligible for enrolment as Advocates. The application of the respondent regarding the enrolment as an Advocate was rejected by the Orissa State Bar Council; therefore, the matter was presented before the HC. Feeling aggrieved with the decision of the High Court, the respondent approached the Supreme Court where the vacation bench set aside the order of the Orissa High Court.