Will a lawyer who suspends sanad have to retake AIBE to resume law practice? Supreme Court asks BCI

The Supreme Court on Thursday asked the Bar Council of India (BCI) to clarify whether a lawyer who suspends their license to practice in order to pursue alternative employment will have to rewrite and qualify the All India Bar Examination (AIBE) again if he or she wishes to resume law practice. .A Bench of Justices Sanjay Kishan Kaul and MM Sundresh said that providing a window of six months of provisional enrolment might be one solution. "BCI may allow provisional enrolment for 6 months which means the during that period, they will not be entitled to practice, thus balance of convenience can be maintained. This also subserves the object that a person takes the exam and continues in another profession and then claim seniority years later based on that exam. If the person exercises the option to continue in employment then he would have to take the Bar exam again when he seeks to practice again as a lawyer. Thus, 6 months is a good enough period for a person to decide to whether they want to be in law profession or continue in another employment," the Court noted in its order. .The Court was hearing a plea concerning standards to be maintained for the legal profession as well as legal education.The BCI had earlier filed a detailed affidavit in compliance with an order of the Court dated March 15 seeking a response from the BCI..The affidavit had stated that the AIBE was a post-enrolment exam and an advocate was not allowed to engage in any profession or job as per the Bar Council of India Rules or the Advocates’ Act.It was the BCI’s submission that this Rule ensured that persons in jobs do not get benefits from the Advocates’ Welfare Fund and were not part of the voter list for Bar elections.Despite these submissions, the BCI said it had constituted a high-level committee comprising many senior advocates and some former Judges to look into these issues and submit a report.The Court on Thursday asked the BCI to disclose the composition of the committee to the Court. .The BCI in its affidavit had also stated it has earmarked around 500 law institutes throughout the country which are sub-standard/below standard. The Court was informed that a team led by some former judges, Senior Advocates and noted academicians would conduct surprise visits of such institutions."One of the recommendation is to revoke the license of such law colleges and BCI says there is an advisory board to look at development of law colleges. The committee has CJI and other sitting judges. The composition be disclosed to this court," the apex court directed on Thursday. .Story to be updated.