Practicing law is the right of a LLB degree holder : Supreme Court

The Supreme Court of India on Tuesday observed that the right to practice law is a fundamental right which could be awarded to all LLB degree holders. The apex court noted that the Bar Council of India's decision to hold examinations for lawyers to acquire a license is wrong and it in a way negates the right of the degree holder to practice law.

“ The right to practice law is there in the Act (the Advocates Act). When (Bar Council of India) says that a person will not be able to practice law without clearing the exam, then you are taking away the same right,” the bench comprising Chief Justice T.S. Thakur and Justice U.U. Lalit was quoted as saying.

This comes at a time when the SC also has warned the lawyers that only having the tag of a lawyer is not enough to practice law in the r=true sense. This was again in accordance with the incident in Patiala Court in Delhi where a group of lawyers attacked the students and journalists who came out in support of JNU President Kanhaiya Kumar.

“ To say that one has to pass an examination for practicing as an advocate will negate his or her right to profession. He has a fundamental right to practice. Conditions can't be put after enrollment. If, at all, it is required, the condition should be put at the enrollment stage,” the bench further stated.

All India Bar Examination is conducted every year to test a law graduate's potential to practice the profession of law. Law graduates are required to clear the examination within two years of their enrollment in order to practice law AIBE has since been made mandatory to practice law in India. The examination is conducted in 40 cities all across the country, with candidates having 11 languages to choose from. The examination is conducted in the open book format, with questions in multiple choice pattern. It is conducted twice every year, with the syllabi being published at least three months prior to the scheduled date of the examination. An unsuccessful advocate is allowed to appear again, without any limit on the number of appearances

OUR TAKE

The past few months have been torrid for lawyers in India. Coming under the scanner after the mishap at Patiala Court, the lawyers were in the news again when the JNU scandal escalated further. The legal fraternity in India should be given the freedom to practice the law as it is written in the books. Under the new changing legal scenarios emerging in India, the SC observation comes as a relief to the lawyers. Although the law is not completely autonomous and exceptional to scrutiny, the need to control and device legal boundaries within which the lawyers should practice, is imperative. Any action without moderation is harmful when it is in regard to the law in general.