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Bar Council of India vs. Rabi Sahu & Anr.

Civil Appeal · 2023 INSC 577Decided 9 Jun 2023
Civil Appeal No. 8571 of 2013
Vikram Nath · Sanjay Kumar

Background

Rabi Sahu obtained his law degree in 2009 from Vivekananda Law College, Angul, a college that the Bar Council of India (BCI) had never recognized or approved. BCI had in fact twice warned the college and the Orissa State Bar Council that students from this college could not be enrolled as advocates. When the Orissa State Bar Council rejected Sahu's enrolment application on this basis, he challenged the rejection in the Orissa High Court, which ruled in his favour and directed BCI to enrol him, relying on an earlier Supreme Court decision (V. Sudeer) that said BCI could not add pre-enrolment conditions beyond what the Advocates Act itself specifies.

Decision Breakdown

While this appeal was pending, a Constitution Bench of the Supreme Court (in Bar Council of India vs. Bonnie Foi Law College) had already overruled V. Sudeer, holding that BCI does have the statutory power under Sections 49 and 24(3)(d) of the Advocates Act to prescribe norms, including recognition of law colleges, as a condition for enrolment. Applying that binding precedent, the Court held that BCI's rule requiring a law degree from a BCI-recognized college is valid, so the Orissa High Court's order directing Sahu's enrolment could not stand. The appeal was allowed and the High Court's order was set aside, with no order as to costs. Neither respondent had even appeared before the Supreme Court to contest the appeal.

Lesson Learnt

A law degree from a college not recognized by the Bar Council of India does not entitle a graduate to enrolment as an advocate, verifying a college's BCI recognition before enrolling is essential, since courts will not override BCI's statutory gatekeeping power in this area.

Official source (sci.gov.in)View Judgment (PDF)

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