BCI recognising law colleges operating out of "garages"; enrolling convicts as lawyers: Supreme Court

The Supreme Court has taken issue with the Bar Council of India (BCI) over its alleged recognition and licensing of law schools operating out of 'garages', as well as its enrollment of convicts as lawyers. The Court's remarks were made during a hearing on whether a person with a pending criminal case can be barred from enrolling as an advocate by a State Bar Council. The dispute centers around Section 24A of the Advocates Act, 1961, which outlines disqualifications for enrolment but remains silent on whether a mere pending criminal investigation or trial constitutes grounds for disqualification.

The Supreme Court has intervened in a contentious issue surrounding the recognition and licensing of law schools by the Bar Council of India (BCI). The Court's remarks have sparked concerns over the BCI's alleged laxity in granting licenses to unqualified institutions. Furthermore, the Court has expressed dismay at the BCI's enrollment of convicts as lawyers, raising questions about the integrity of the legal profession.

The core legal dispute centers around Section 24A of the Advocates Act, 1961, which outlines disqualifications for enrolment as an advocate. However, this provision remains silent on whether a mere pending criminal investigation or trial constitutes grounds for disqualification from enrolment. The present case concerns one KR Sudersan, a Chartered Accountant who recently completed his law degree and applied for enrolment with the Bar Council of Tamil Nadu and Puducherry. His application was summarily rejected by the State Bar Council due to a pending criminal case against him involving criminal conspiracy and cheating.

The present case also raises questions about the role of State Bar Councils in enforcing the Advocates Act, 1961. The rejection of KR Sudersan's application by the Bar Council of Tamil Nadu and Puducherry was rooted in a 2015 judgment by a single judge of the Madras High Court. However, this order may not be applicable to all State Bar Councils, highlighting the need for consistency and uniformity in the enforcement of the Advocates Act.

The outcome of this matter has not yet been reported, but it is clear that the Supreme Court will continue to play a crucial role in shaping the legal profession in India.