Enrolment in Bar Council
Parthasarathi Loganathan
(Querist) 02 April 2010
This query is : Resolved
I need experts guidance very specifically.
I am law graduate from University of Madras during the year 1988. I joined the Bank on 25.01.1990 and still continue in service. In these two years, since I was employed in Government of India services, I failed to register in the Bar Council of India. Before I took up services in the bank, I had formally resigned from Government services.
The issue is, as per Bar council Regulations, I am not eligible for enrollment since I am a full-time employee of a financial institution. My query is:
(a) Can I enroll with Bar Council with retrospective effect (from 1988)without claiming any seniority, since I was not an employee of the bank?
(b) What would have happened had I got enrolled in 1988 and latter on joined bank services? Will it amounts to disqualification? OR Could I been allowed to practice law?
(c) Can Bar council permit me to enroll, if I am able to produce No Objection Certificate from my bank?
(d) If NOC is declined then, can I contest with my employer stating that I was not an employee of Bank, when I completed my Law Degree in 1988.
(e) In the 60s and 70s, BL degree had a duration of 2 years only from Madras University if any student completes graduation, then whether total academic years of 4 years of Law studies after three years graduation (Two year UG - BGL and Two years PG- ML)is sufficient for enrollment in Bar council.
(f) Is it a fit case for litigation, in the event of these proposals declined by both Bar Council and my employer? That is, can I contest on the basis that Government doctors practice medicine in clinics and hospitals displaying their name board and make money why it is not allowed for Law Graduates?
(g) Can I legally claim Non-Practicing Allowances from my employer which is granted to all Govt Doctors.
Experts to please guide me.
(point-wise as above)
PS. This query is posted for personal clarification in the best interest of public only and in no way neither my employer nor myself are responsible for the contents noted therein.
Raj Kumar Makkad
(Expert) 02 April 2010
a. No. Enrollment cannot be with retrospective effect.
b. In that event, your enrollment would have been got suspended till you remain in full time service.
c. No. It is not the NOC rather the rules of Advocates Act, 1961 which prevail in this regard.
d. There is no point of litigation with your employer as he is in no way concerned with your possessing of degree of Law and non-enrollment with Bar Council at the relevant time.
e. No. Full degree in one stream is mandatory for enrollment and part years from two different courses cannot be clubbed to complete a duration of 4 years.
f. No. Advocates Act, 1961 has been upheld various times by SC as well as various High Courts which contain that an advocate shall not be engaged in some other profession/job and he shall devote his full time towards legal practice.
g. You can agitate before your employer. There is no loss trying in this regard.
Parthasarathi Loganathan
(Querist) 02 April 2010
I wish to respond to your replies as under:
Point No: (f) Doctors are supposed to serve round the clock without any holidays or vacation as it is granted for courts and lawyers. In that case, if Doctors are allowed to carry out private practice, (many involve themselves for money making durng their duty hours) why it is restricted for Lawyers? Should this rule under Advocates Act be subject to review depending upon the present scenario where even technocrats get qualified in law because of the need of the hour.
Point No (e): Clubbing of two different courses is incorrect as these four years comprise of Law study only? Hence four years of law study is enough to gain eligibility as prescribed in the Act
Raj Kumar Makkad
(Expert) 02 April 2010
F). The doctors after their duty hours also engage in the same field means they make private practice which cannot be equated with a lawyer doing full time job in some other field and be also designated as an advocate. The example of doctors is not accurate in the present context.
e). Can you cite the particular section of Advocates Act, 1961 which permit you to club the time period spent in both the degrees?
I am still of the firm opinion that you cannot be permitted to club this period and have to obtain fresh Law degree.
Parthasarathi Loganathan
(Querist) 02 April 2010
Does it construe that one has undergo a Bachelor's Degree again after completing a Post Graduate degree in the same field? Does it not sound absurd sir...?
adv. rajeev ( rajoo )
(Expert) 02 April 2010
Now you can enroll your name to the Bar Council but you cannot claim retrospective effect.
You could have enrolled and surrendered the SANAD to the bar council which you have not done.
If you were enrolled and later on service it was your duty to surrender the SANAD otherwise it could have been amounted to professional misconduct.
Your question ( f ) is good. I do agree with you sir,
You cannot claim non practicing allowance from your employer, there is no such provision.
All most all politicians are lawyers they earn handsome money in political filed so I think they didn't think about the question raised by you regarding claiming of non practicing allowance.
Parthasarathi Loganathan
(Querist) 02 April 2010
If the services of law graduates are not or under utilized by the society on account of such restrictions imposed, is not unfair to argue that most of the pend ency of cases in courts is attributed to paucity of advocates and law officers of the courts. Just like Right to Education, there must be a scenario like Right to Profession. Being an employee is it also fair on the part of the Bar Council to revisit such provisions of Advocates' Act? Many law graduates like me are even prepared to render Legal counselling free of cost in the interest of society at large. Instead of remaining an unemployed advocate, it is always better to stay as a well placed law qualified IT professional and at the same time involve in law practice without prejudice to the interests of my employer. I need support from the experts for this noble cause. We cannot be expected to become successful overnight at the age of 60, ie after retirement from service and at the same time cannot afford to resign the job sacrificing much needed monetary aspects.
O. Mahalakshmi
(Expert) 08 April 2010
Sir, at this stage you can enroll in Bar Council by giving an affidavit.
More politicians in our country are Law graduates, but they never show pity on Law graduates who are suffering to survive in the Law profession. At least the Govt. should grant some stipend to the practicing advocates in the early stage. I am also a one of the junior lawyer. I enrolled in Bar six months back and suffering to survive in this field. The experts may believe or not my senior is giving me Rs.250/- per a week not per day. How can I survive in these days. As you people well knowledge experts should have think serious reguarding this matter.
If I am wrong suggest me answers.
Parthasarathi Loganathan
(Querist) 08 April 2010
I concur with your point to some extent. Legal fraternity to come together and fight for this issue wholeheartedly. Government says, there are pending cases to the tune of several lakhs due to backlog in the judicial manpower and at the same time nothing has been worked out to offer jobs for law graduates. That is very much a sorry state of affairs. LCI should intervene into this matter and introduce a paid Expert forum inviting panel lawyers to post their expert opinion or legal guidance to clients seeking solution to their problems online. In this country, one attaches value to expertise only when it is paid. Nothing should be of free of cost. Such income can also be made taxable and minimum fees can be prescribed duly governed and managed by LCI. Gateway payment system furnishing all SB account details of the legal experts can facilitate the system. In that way, all unemployed law graduates can earn legitimate and reasonable income for their daily livelihood by deploying their professional skills. We find astrologers, Architects, doctors, etc rendering online virtual practice and earn money. LCI need to consider this proposal to address the plight of thousands of Mahalakshmis in this country.
