Karnataka High Court Rules Against State Bar Council's Enrolment Restrictions

Court mandates enrolment of law graduates from outside Karnataka, citing Advocates Act, 1961.

In a landmark judgment, the Karnataka High Court has directed the Karnataka State Bar Council to enroll a petitioner, Sri. Rajashekar, as an advocate, dismissing the council's policy of denying enrolment to law graduates from universities outside Karnataka. The decision, delivered by Justice Suraj Govindaraj, affirms that such a restriction is arbitrary, illegal, and unconstitutional under Section 24 of the Advocates Act, 1961.

The petitioner had completed his law degree from Monad University, Uttar Pradesh, a college affiliated with the Bar Council of India. His application for enrolment was initially rejected by the Karnataka State Bar Council on the grounds that his degree was obtained outside the state. This prompted Sri. Rajashekar to seek legal recourse, arguing that the council's policy was in violation of the Advocates Act, which does not impose geographical restrictions on enrolment.

Justice Govindaraj, upon verifying the affiliation of Monad University with the Bar Council of India, found no basis for the council's refusal to enroll the petitioner. The court emphasized that Section 24 of the Advocates Act allows for the enrolment of any individual holding a valid law degree from a recognized institution across India, irrespective of the state where the degree was obtained.

In his oral order, Justice Govindaraj issued a writ of mandamus directing the Karnataka State Bar Council to enroll the petitioner on the next enrolment date. The court also instructed the council to consider future applications from law graduates of other states, provided their degrees are properly verified.

This ruling is significant as it clarifies the enrolment criteria under the Advocates Act, ensuring that graduates from recognized institutions nationwide have equal opportunities to practice law in Karnataka. The judgment reinforces the principle that enrolment policies must align with statutory provisions, promoting fairness and uniformity in the legal profession.

Bottom Line:

Enrolment of Advocates - Students who have obtained Law Degrees from Universities situated outside the State of Karnataka cannot be denied enrolment by the Karnataka State Bar Council - Section 24 of the Advocates Act, 1961 does not impose any restriction on enrolment based on location of the Law Degree - Mandamus issued to enroll the petitioner as an advocate.

Statutory provision(s): Section 24 of the Advocates Act, 1961

Sri. Rajashekar v. Bar Council of India, (Karnataka) : Law Finder Doc Id # 2806099