Enrollment of lawyers in Bar council Must be only after clearing Bar exam (AIBE) said Justice S Vaidyanathan in Madras high court.
Chennai: Distressed that quality of legal profession has been deteriorating over the years, Madras high court has suggested radical steps such as making a pass in All India Bar Examination (AIBE) prerequisite for enrolment as advocate.As of now, after graduation law degree-holders are entitled to be enrolled as advocates in Bar council registry, with a condition that they clear the AIBE and obtain the certificate of practice within two years from the date of completion of the course. It has led to a piquant situation wherein more than 1,000 lawyers in Tamil Nadu alone have been suspended from the Bar since they could not clear the AIBE. But, there is no way they could be identified and prevented from arguing before courts and tribunals.
Enrol Lawyers only after they clear Bar exam - AIBE |
Bar council rules in enrolling advocates
Justice S Vaidyanathan, with a view to put an end to the confusion, suggested that Bar council rules should be amended to make a pass in AIBE prerequisite for enrolment in the Bar. The Bar Council of India should consider amending the AIBE Rules, 2010 and the Advocates Act, if necessary, to allow enrolment of new advocates only after passing the AIBE.Power to demand identity card/enrollment certificate/address proof
Justice Vaidyanathan also said that all courts/tribunals in the state should have the power to demand identity card/enrolment certificate/address proof of an advocate, if it had doubt over their genuineness. He also directed the court registry to ensure that photographs of advocates-on-record and that of the lawyer who attests the vakalat, should form a part of the vakalat.The judge was constrained to issue the directive, as he was annoyed by the mess caused by lawyers appearing in an anticipatory bail petition, and duplication of lawyers representing the parties to the case."Undoubtedly, the legal profession is deteriorating due to persons who are conducting kangaroo courts, the judge rued, adding: "This procedure for filing vakalat applies to all the courts/tribunals in the state shall take effect from January 2, 2018."
News Courtesy : Times of india