Bar Council members to lose licence if they have not cleared exam

Advocates who have enrolled in various Bar Councils after 2010 without having passed the All India Bar Examination (AIBE) may soon lose their licence, as per a Madras High Court order.

Hearing a plea by an advocate, the First Bench comprising Chief Justice S.K. Kaul and Justice T.S. Sivagnanam said, “We have put the counsels to notice that in case of persons enrolled after the exam system has come into place in 2010 and there being a requirement of clearing the exams within a period of three years, anyone who has not cleared the exams within that period, the licence of that person has to be necessarily revoked.”

While the computerised system would show those enrolled and of them who had cleared the exams, the Bench said if it was not known how many advocates had cleared the exams, specific and general notices could be issued to advocates to produce proof of their clearance of the exams.

The judges were also for a periodic check of law schools for their continued recognition. “If law degrees are obtained through dubious means, the very edifice of the system is shaken.”

As quality legal education was “the need of the day,” the Bench expected the Bar Council of India to place before it the result of surprise inspections on institutions, which would identify the defaulting institutions.

“Their affidavit should also incorporate as to what pattern of check and balance they would follow as a norm for any institution imparting law education to continue to have recognition,” it said.

Petitioner V. Ramesh, an advocate from Madurai, in his plea alleged that the legal profession was being polluted with individuals enrolling themselves as advocates even without going through school and college, as LLB degrees were being bought for a meagre price in universities of other States.

Seeking to streamline the enrolment process in Bar Council, the petitioner sought for a direction to Tamil Nadu Bar Council not to enrol candidates who had obtained LLB degree from other States.

He also sought to direct authorities to verify and remove lawyer stickers displayed on vehicles and other places of lawyers who were not practicing. The case was posted for August 21.

If law degrees are obtained through dubious means, the very edifice of the system is shaken: HC