What’s in the degree? – Analysis of Rabi Sahu Judgment – Lex Jura Law

By Aastha Sheth, a student of SVKM’s Pravin Gandhi College of Law

Introduction                                      

Ever wondered how legal practitioners navigate the intricate maze of unique scenarios? Imagine, the diversity of skills required when dealing with a range of legal situations! Each scenario being unique, requires a different approach to be deployed. Therefore, they must arm themselves to tackle the difficulties and to thrive as advocates in this field. But being an advocate isn’t just about skills— attorneys have a moral obligation to uphold the dignity and integrity of the profession¹. That’s where the Indian Advocates Act, 1961 (hereinafter referred to as “the Act”) comes in. It is a statute that outlines the prerequisites for enrollment, practice, privileges, behavior, regulation, and professional improvement of advocates².This Act has recently hit the headlines because of the recent Supreme Court (hereinafter referred to as “the SC”) ruling³ which upheld the Bar Council of India’s rule (hereinafter referred to as “BCI”) of acquiring a legal degree from an accredited institution in order to be admitted as an advocate. The debate here is whether a legal degree from an accredited institution truly guarantees the effectiveness of an advocate? Or is it time to reshape the definition of ‘qualified’ and embrace the untapped potential in every law graduate?

This decision urges a deeper evaluation of how the sections 24, 24A, and 49 of the Advocates Act, 1961⁴, may intersect with constitutional rights mentioned in Article 19(1)(g) and Article 21 of the Constitution of India.Let’s dive into the details of the case.  

Legal Backdrop:  Bar Council of India v. Rabi Sahu and Ors.⁵

In the case at hand, Rabi Sahu obtained his degree in law from Vivekananda Law College, Angul in 2009. The Respondent approached the State Bar Council to get himself enrolled as an advocate on the State roll. The Orissa State Bar Council, however, rejected his application on the ground that he had obtained a degree from a non-recognized college. The aggrieved party then filed a writ suit in the Orissa High Court challenging the implausible pre-requisites imposed by the BCI, which mandated students to possess a law degree from approved colleges only in order to get themselves enrolled as advocates.

The petition contended that unless an applicant fulfils the conditions under Section 24(1) of the said Act and does not stand any bar of disqualification under Section 24A, he or she shall be entitled to enrolment as an advocate⁶. The High Court issued an order directing the Respondent to be enrolled as an advocate, and the matter travelled before the Supreme Court in 2013 and has been under scrutiny ever since. On June 9, 2023, the Supreme Court ruled in favor of BCI, holding that “the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/approved by BCI cannot be said to be invalid“⁷.

Arguments raised

The debate centred on the issue of whether the BCI had the authority to regulate matters pertaining to advocates’ prior educational backgrounds. The High Court laid reliance upon the 1999 judgment of V Sudheer v. Bar Council of India⁸ which stated that making regulations imposing pre-enrolment conditions was not one of the statutory tasks of BCI.

The Division Bench of the Orissa High Court went on to rule that the BCI was not permitted to impose enrolment requirements beyond those specified in Section 24 of the Act⁹. The BCI referred to Bar Council of India v. Bonnie Foi Law College and Ors.¹⁰ which laid down that the 1999 verdict was not a sound precedent and that “BCI’s role before enrolment cannot be ousted”¹¹. It firmly established that Section 49 read with Section 24 (3)(d) of the Act granted BCI the authority to establish standards for qualifying as an advocate. It was contested that, in a letter dated January 5, 2002, the BCI had directed the college not to admit students and that students so admitted would be barred from enrolling as advocates. On February 28, 2011, the BCI sent a letter to the Orissa State Bar Council reiterating the same directive. Taking into account these facts, the Supreme Court upheld the BCI’s appeal and vacated the Orissa High Court’s decision.

Critical analysis

In the aforementioned case, the SC took the stand that the study of law as a subject and its implementation in society requires expert knowledge, theoretical ideas, and a combination of practical experience and training¹². Any institution providing legal education that does not adhere to these norms cannot be recognized as doing so would “destroy the fundamental fibre of the educational system”¹³. 

On the contrary, although a student may have graduated from a not-so-competent university, it is not correct to judge their qualifications by his/her alma mater¹⁴. Despite not having earned degrees from esteemed institutions, people have proven their legal skills and achievements in almost all walks of life. Therefore, evaluating someone’s expertise based solely on their educational background may result in a counterproductive loss of intelligence in society. The ruling by the Orissa High Court suggests that it considered factors beyond the recognition of institutions.

Additionally, this decision raises concerns about access to justice because skilled students from unrecognized universities will be barred from the profession. This can worsen the existing disparities in access to justice and restrict the availability of skilled attorneys for society’s most vulnerable groups¹⁵.

The decision can be equated to this: Rather than penalizing the wrongdoers (which in such case is the unrecognized institutions) for their negligent attitude, it is the victims who are being punished. However, in a judgment given by Justice KS Radhakrishnan and Justice Dipak Misra, the SC rejected the Madhya Pradesh-based institute’s plea¹⁶ for sympathy on behalf of the students of the institution who would suffer. The Court strongly pointed out that students are not young, and it is their responsibility to verify whether their efforts have sanctity of the law.  It added that such an attitude exhibits the carelessness of the students and atrophies their intelligence¹⁷. Therefore, alternative strategies must be taken into account that assesses students based on their intellectual endowments and real-world experience.

Conclusion

Can the legal profession thrive on a mosaic of talents, each with its own shade and brilliance, or is a prestigious degree the ultimate measure of legal expertise? Just as a mosaic is made up of many unique parts and each part adds its own special touch, the legal field does best when it welcomes various talents, experiences, and educational backgrounds. This decision will have far-reaching consequences on the standards of legal education offered.  Hence, a more adaptable strategy is needed to strike this balance between inclusion and high standards. A flexible approach should be adopted rather than excluding students based on their alma mater.  One of the reasonable strategies could be the establishment of multiple competency evaluation examinations. Such comprehensive approaches can enhance the diversity of skills and tap into the wide range of experiences that these individuals bring to the team, ultimately leading to greater benefits for everyone involved. It will always lead to diversity and innovation within the legal profession.

Footnotes

1. “History of the legal profession ” The Bar Council of India; 14 July 2023, 02:04 PM, http://www.barcouncilofindia.org/about/about-the-legal-profession/history-of-the-legal-profession/.
2. Pathak, S. (2020) Critical analysis of section 35 and 49 of the Advocates Act, 1961, Black n’ White Journal, 14 July 2023, 05:01 PM, https://bnwjournal.com/2020/07/17/critical-analysis-of-section-35-and-49-of-the-advocates-act-1961/.
3. Bar Council of India v Rabi Sahu and Ors. (09.06.2023 – SC): MANU/SC/0649/2023
4. The Advocates Act, 1961, (India).
5. Supra note at 3.
6. Akshat Chandani,13 July 2023, Can One become an advocate without a degree from a recognized law school?, Jus Corpus, https://www.juscorpus.com/can-one-become-an-advocate-without-a-degree-from-a-recognized-law-school/. 
7.   Supra noteat 6.
8.  V. Sudeer v Bar Council of India and Ors. (15.03.1999 – SC): MANU/SC/0167/1999.
9. Supra note at 3.
10.  Bar Council of India v Bonnie Foi Law College and Ors. (10.02.2023 – SC): MANU/SC/0115/2023.
11. Ibid.
12. Supra note at 6.
13. National Council for Teacher Education and Ors. v Venus Public Education Society and Ors. (01.11.2012 – SC): MANU/SC/0984/2012.
14.  Supra note at 6.
15. Supra note at 6.
16.  Supra note at 13.
17.  Supra note at 13.