Gujarat HC Paves Way for Other Professionals to Enrol As Lawyers

Gujarat HC Paves Way for Other Professionals to Enrol As Lawyers

The Gujarat High Court on November 6, 2020 has paved way for other professionals having LLB degree to be enrolled with the Bar Council of Gujarat for provisional license to practice law and to have eligibility to appear in the All India Bar's test to qualify to become a lawyer.

They will not have to give up their current profession before applying for enrolment.

A bench of Chief Justice Vikram Nath and Justice J B Pardiwala junked specific rules – Rule 1 and 2 of the Bar Council of Gujarat (Enrolment) Rules, which prohibit any person, if she is engaged in any other profession or business, from enrolling with the Bar. However, they will have to promise and then give up their other profession after starting to practise law.

The case involved Twinkle Mangaonkar, an LLB degree holder engaged with some other profession. She was the sole earning member of the family and therefore could not afford to give up her present profession before she qualified as an advocate to practice law after clearing All India Bar Exam (AIBE). She gave an undertaking before the High Court that she would give up her present job once she cleared the AIBE.

The high court after observing that she is in a helpless situation, stated, "If she gives up her job being a single mother, and God forbid if she is unable to clear the All India Bar examination, then she would be left without any means of livelihood."

The judges questioned the objective of these rules, "Why such a restriction is sought to be imposed? Why the statute does not permit a person enrolled as an advocate with any particular Bar Council of the state from taking up any other vocation?"

The Bench ordered, "We read down Rules 1 and 2 respectively of the Bar Council of Gujarat (Enrollment) Rules so as to read that a person may be either in full or part-time service or employment or is engaged in any trade, business or profession, who otherwise is qualified to be admitted as an Advocate shall be admitted as an Advocate, however, the enrollment certificate of such a person shall be withheld with the Bar Council and shall lie in deposit with the Council until the concerned person makes a declaration that the circumstances mentioned in Rule 2 have ceased to exist and that he or she has started his/her practice."

The High Court finally quashed the Bar Council rules making way clear for all professionals having a law degree to enrol with BCG. It directed the Bar Council to admit them as advocates, but their enrolment would remain withheld and their provisional sanad will lie in deposit with the Bar council until they clear the AIBE and give up their current profession.