The Supreme court seeks greater transparency and regulatory compliance under the Advocates Act.
New Delhi, May 6 — The Supreme Court has suggested that the Bar Council of India (BCI) should make it compulsory for advocates enrolled after 2010 to disclose their All India Bar Examination (AIBE) status in the vakalatnama. This move, the Court believes, will ensure better transparency and compliance with legal practice norms.
The suggestion came from a bench comprising Chief Justice of India Sanjiv Khanna, and Justices PV Sanjay Kumar and KV Viswanathan during a hearing on regulatory measures in legal education and enrolment procedures.
“Why don’t you make it mandatory in the vakalatnama itself to mention if AIBE has been passed? You are the BCI. You are whole and soul. If someone does not do it, then it will be misconduct under the Advocates Act,” observed CJI Khanna.
The All India Bar Examination was introduced in 2010, and the Supreme Court’s August 2023 Constitution Bench ruling reaffirmed that passing the AIBE is essential for practicing law in India. That judgment also permitted final-year law students to appear for the exam, a move the BCI formalized through later notifications.
The bench emphasized that including AIBE details in the vakalatnama, along with the enrolment number, would help distinguish between qualified and unqualified practitioners, reinforcing the statutory mandate under the Advocates Act.
The issue of enrolment fees also came up during the hearing. The Court asked the BCI to clarify its stance on whether it intends to file a review petition against the 2023 judgment concerning the collection of fees from law students and institutions.
For now, the matter stands adjourned until the BCI communicates its position on the fee issue.
