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Person with other profession can provisionally enroll with Bar Council for six months, says SC

According to SC, Bar Council of India (BCI) will decide for those who seek to return to advocacy after getting their license suspended to take up other jobs.

After clearing the AIBE, the person will be allowed six months to decide whether to be an advocate or to continue with the other profession, the court said.
After clearing the AIBE, the person will be allowed six months to decide whether to be an advocate or to continue with the other profession, the court said.

Persons engaged in other professions can provisionally enroll with a bar council, clearing All India Bar Examination (AIBE), said the Supreme Court. After clearing the test, the person will be allowed six months to decide whether to be an advocate or to continue with the other profession, the court said.

According to SC, Bar Council of India (BCI) will have to decide for those who seek to return to advocacy after getting their license suspended to take up other jobs. The council can consider whether a fresh AIBE examination needs to be conducted, suggested SC.

A bench of Justices SK Kaul and MM Sundresh heard an appeal filed by BCI challenging the Gujarat High Court verdict where it has allowed persons with other employment, to enroll as advocates without resigning from their jobs. The bench has also said that it is inclined to accept the suggestion of amicus curiae and senior advocate KV Vishwanathan that the BCI may adopt a process by giving provisional enrolment to enter in a register with an appropriate undertaking.

 “If a person continues to be in employment then they would have the requirement of taking the Bar examination again at the appropriate stage when they seek to give up employment and enroll themselves at the Bar. The period of six months suggested by the amicus is good enough for a person to take a call whether they want to be in employment or continue with the profession in law”, SC said.

The court has said that almost 90 per cent of the government-run colleges/institutions have an acute dearth of infrastructure and faculty, many unfilled vacancies last 15-20 years, and in spite of requests or warnings the state governments or universities are not serious in this regard. It also directed the state governments to provide appropriate security to the inspection teams of BCI, which goes into different law colleges to inspect the infrastructure and other facilities of the college or the university, after receiving allegations of non-cooperation. 

With input from PTI.

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