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Legal News 03 August 2022

Bar Council of India tells Top court that ‘No need to resign from job to enrol as lawyers'

भारतीय विधिज्ञ परिषद [Bar Council of India] ने सर्वोच्च न्यायालय को सूचित किया है कि कानून स्नातकों को वकालत हेतु नामांकन [enrolment] कराने के लिए तुरंत नौकरी छोड़ने की आवश्यकता नहीं है, बल्कि अखिल भारतीय बार परीक्षा [All India Bar Examination] उत्तीर्ण करने के बाद उन्हें नौकरी छोड़ने के लिए छह महीने का समय दिया जाएगा।

Law graduates employed in other professions needn't resign from their respective jobs to induce enrolled as lawyers, the Bar Council of India (BCI) informed the Supreme Court on Tuesday, adding that such people are provided a six-month window to quit their jobs after clearing the enrolment examination.

The decision was taken by the BCI’s general council on July 8, and conveyed to the court through an affidavit filed last week, in an exceedingly matter where the highest court is considering a slew of reforms within the enrolment process.

The apex court was hearing an appeal filed by BCI against a November 2020 decision by the Gujarat supreme court that allowed one mother to require the All India test (AIBE) while continuing her job.

The BCI rules state that somebody who wished to require the AIBE must first resign from the task and fill the shape for enrolment. the highest court, too, frowned upon such regulations framed by the BCI and suggested on April 21 that someone giving the examination should be allowed to resign within a hard and fast period upon clearing the AIBE.

The BCI said in its affidavit that a committee headed by a former Supreme Court judge will select office to conduct the examination. This committee also will examine the simplest thanks to test the skill and knowledge of the law graduates taking AIBE, supported their analytical thinking process instead of their rote ability. the subsequent cycle of AIBE are going to be held in September-October this year.

With relation to the inspection of faculties, the SC noted in its April 21 order that almost 500 institutions that provide legal education were found to be below standard. The BCI, led by its chairman and senior advocate Manan Kumar Mishra, told the highest court that the surprise inspection team will comprise a former tribunal judge, law professors, and a member of the state bar council or any senior advocate having minimum 25 years of practice.

 

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Frequently Asked Questions

Do law graduates need to resign from jobs to enrol as lawyers?

The Bar Council of India informed the Supreme Court that law graduates employed in other professions do not need to resign before enrolling. Candidates will be given a six-month window to quit their jobs after passing the All India Bar Examination.

What led to the Bar Council of India changing its enrolment rule?

The decision came during an appeal filed by the Bar Council of India against a Gujarat High Court ruling that allowed a working mother to take the examination. The Supreme Court suggested allowing candidates to resign within a fixed period after clearing the exam.

How will future cycles of the All India Bar Examination be conducted?

A committee headed by a former Supreme Court judge will conduct the examination. The test will focus on assessing analytical thinking skills rather than rote learning.