Bar Council of India vs. Rabi Sahu: Supreme Court Upholds BCI’s Authority Over Law College Recognition

The case between the Bar Council of India (BCI) and Rabi Sahu revolved around the eligibility of law graduates from unrecognized law colleges to enroll as advocates. The Supreme Court of India, in its judgment dated June 9, 2023, overturned the Orissa High Court’s decision and upheld the BCI’s authority to set pre-enrollment conditions.

The crux of the matter was whether the BCI had the power to impose additional conditions for enrollment beyond those stipulated under Section 24 of the Advocates Act, 1961. The Orissa High Court, relying on the earlier Supreme Court ruling in V. Sudeer vs. Bar Council of India (1999), had directed the enrollment of Rabi Sahu as an advocate, despite his law degree being from an unrecognized college.

Background of the Case

Rabi Sahu completed his law degree from Vivekananda Law College, Angul in 2009. However, the Bar Council of India had, as early as 2002, directed this college to stop admitting students, stating that those who did so would not be eligible for enrollment. This directive was reiterated in 2011.

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When Rabi Sahu applied for enrollment as an advocate, the Orissa State Bar Council rejected his application. Aggrieved by this, he filed a writ petition in the Orissa High Court, which ruled in his favor, holding that he was entitled to enrollment under the Advocates Act.

Supreme Court’s Ruling

The Supreme Court took a different view, citing the recent Constitution Bench judgment in Bar Council of India vs. Bonnie Foi Law College & Ors. (2023). This decision overruled the V. Sudeer case and reaffirmed the BCI’s power to set pre-enrollment norms under Section 49 and Section 24(3)(d) of the Advocates Act.

The Court categorically stated: “The BCI’s role prior to enrollment cannot be ousted.” It held that law degrees from institutions not recognized by the BCI could not be considered valid for enrollment.

Key Takeaways

• The BCI has the authority to regulate legal education and enrollment.
• Degrees from unrecognized law colleges do not qualify for advocate enrollment.
• The Orissa High Court’s decision was overturned, reinstating the BCI’s rule-making power.

Conclusion

This judgment strengthens the regulatory role of the Bar Council of India and ensures that only graduates from recognized institutions can practice law. The decision has far-reaching implications for legal education and the advocacy profession in India.

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Petitioner Name: Bar Council of India.
Respondent Name: Rabi Sahu & Anr..
Judgment By: Justice Vikram Nath, Justice Sanjay Kumar.
Place Of Incident: Orissa.
Judgment Date: 09-06-2023.

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