AIBE Re-examination after a prolonged hiatus from law: SC Recommends
Last Updated on May 16, 2023 by Administrator
A recent ruling by the Supreme Court of India made a significant recommendation on Friday that requires advocates who have been employed in a non-legal context for a substantial period of time to retake the All-India Bar Examination once again. This recommendation in furtherance also upheld the power of the Bar Council of India to require law graduates to take the All-India Bar Examination as an eligibility criterion to practice law in the country. The five-judge bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.K. Maheshwari not only upheld the validity of the All-India Bar Examination but also explored the suggestions made by amicus curiae and senior advocate K.V. Viswanathan.
This recommendation was made keeping in mind persons who, after being enrolled at the bar, decide to take up another job and return to the legal profession after a considerable period, sometimes even after retirement.
Justice Kaul stated, “We believe that the requirements of an active legal practice and that of an unconnected job are different. Even if a person has a law degree or enrollment, it does not mean that his ability to assist the court would continue with him if there are long hiatus periods in some unconnected job. He would have to hone and test his skills afresh.” Hence, if there is a substantial break, norms should be specified by the Bar Council of India, so that the person would be required to re-examine and take the All-India Bar Examination once more to regain the qualification.
Thus, the Supreme Court’s ruling has emphasized the importance of maintaining the quality of legal practice in India by requiring law graduates to take the All-India Bar Examination as an eligibility criterion. The ruling also recognizes the need to maintain the skills and knowledge of advocates who have been away from the legal profession for a substantial period of time by requiring them to retake the qualifying examination.
Written By – Ishika Gandhi
