No need to resign from job to enrol as lawyers,’ Bar Council of India tells SC

Law graduates employed in other professions need not resign from their respective jobs to get enrolled as lawyers, the Bar Council of India (BCI) informed the Supreme Court on Tuesday, adding that such people will be 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 a matter where the top court is considering a slew of reforms in the enrolment process.

The apex court was hearing an appeal filed by BCI against a November 2020 decision by the Gujarat high court that allowed a single mother to take the All India Bar Examination (AIBE) while continuing her job.

The BCI rules state that any person who wished to take the AIBE has to first resign from the job and fill the form for enrolment. The top court, too, frowned upon such regulations framed by the BCI and suggested on April 21 that a person giving the examination should be allowed to resign within a fixed time period upon clearing the AIBE.

In its latest affidavit filed through advocate Durga Dutt, the BCI said, “The Council after thorough deliberation and consideration of issues has accepted the suggestions made by this Court and has resolved that every State Bar Council shall have three registers – A, B and C.”

further said that ‘Register B’ will contain names of candidates who are already employed somewhere, and will be allowed to take the AIBE after giving an undertaking that they will give up their profession within six months of clearing the examination.

The Certificate of Practice, required for any legal practitioner, will be issued only after such persons have left the employment, the BCI said. The other two categories in Register A and C did not concern the court, as the first category contained names of persons who are not employed elsewhere; the third category will comprise persons who have been enrolled, but will later get their license suspended to take up other jobs or professions.