SC Expresses Concerns Over New Law Graduates in Judiciary, Low AIBE Standards, & Bar Politicisation

Arunima Sen,

Sister Nivedita University, Kolkata

The Supreme Court of India, in a bench led by Justice Surya Kant and Justice Dipankar Datta, voiced worry over the number of new law graduates joining the judiciary, the standards of the

All-India Bar Examination (AIBE), and the increasing politicization of Indian bar associations.  These issues were stated in an attempt to highlight the need for reforms in India's court system and legal business.  

One of the most pressing concerns was newly graduated lawyers joining the judiciary as judges. Since the lowest age required to appear for the judiciary examinations is 22-23 years old, it instantly opens doors for recent graduates to pursue this career, but their lack of experience becomes a source of concern. The apex court remarked that there should be a mandatory period of practice for law graduates before being appointed for positions in the judiciary. This would give them the requisite practical experience and a better understanding of procedures as well. Having a more nuanced understanding of the law and the complexities of the profession would help graduates navigate the profession with more expertise.  

Lenient Standards of the All-India Bar Examination (AIBE)

Another pertinent point raised by the court was the lenient standard of the AIBE, which is the qualifying exam to practise law in India. According to the judges, the AIBE does not effectively evaluate the capability of law graduates. They pushed towards making the exam more challenging in order to ensure the induction of capable individuals into the profession. This would require a more thorough and stringent evaluation process through which competent candidates could be chosen. In order to achieve this, reforms such as altering the exam structure, exam course & evaluation procedure so as to measure a candidate on both theoretical and practical spheres. The Supreme Court has raised this question several times in the past. In 2023, a five-judge court issued an order along with a number of recommendations to improve the bar examination's effectiveness in selecting candidates for the legal profession. The 5-judge bench had remarked, “Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half-baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time.” The matter at hand was whether any of the provisions under the Advocates Act, 1961 or the role of universities to impart legal education prohibit the Bar Council of India (BCI) to conduct pre-enrolment examinations or the AIBE.

Politicisation of Bar Associations

The top court also remarked about the politicisation within Bar Associations. The political influence over these associations resulted in reducing their integrity and independence. The judges threw light on the need to depoliticise the Bar Associations to restore the honour and integrity of the legal profession. The involvement of politics in Bar Associations undermines their impartiality and causes them to become biased or prejudiced. Justices Surya Kant and Dipankar Datta cited the example of Calcutta High Court wherein the interference of politics hampered the administration of justice. They opined that the involvement of politics has caused negative consequences on the bar council. The practice of politicisation of Bar Associations has led to problems within the judiciary. The two-judge bench highlighted the need for reforms and depoliticization of Bar Associations and Councils for smoother functioning of the legal system in India.  

Proliferation of Law Colleges   

According to the Supreme Court, one of the primary causes of the legal profession's falling standards is the country's growing number of law colleges. The number of institutions is fast expanding, but the infrastructure and instructor quality are not meeting expectations.

 These colleges result in producing graduates who aren’t sufficiently equipped for the practising the legal profession, further deteriorating the problem. There was a call for higher regulation and accreditation standards for law colleges by the two-judge bench consisting of Justice Dipankar Datta & Justice Surya Kant.   

Call for Reforms

The concerns expressed by the Supreme Court greatly highlight the need to reform the judicial system & the legal profession in India. Making the selection process of the judiciary more rigorous, raising the standards of the Bar Examination and depoliticization of Bar Association are some of the steps which could not only improve the integrity of the legal profession in India but could also go a long way in bringing in true competence and talent into the field.

REFERENCES 

1. Amisha Shrivastava, Supreme Court Raises Concerns About Fresh Law Graduates

Joining Judiciary, Low AIBE Standards & Politicisation Of Bar, LIVE LAW (July 19, 2024, 07:00 PM), https://www.livelaw.in/top-stories/supreme-court-raises-concernsabout-fresh-law-graduates-joining-judiciary-low-aibe-standards-politicisation-of-bar-

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2. Prachi Bhardwaj, ‘AIBE valid; BCI must ensure quality of lawyers entering the profession’: Read 8 suggestions by Supreme Court 5-Judge Bench, SCC ONLINE

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https://www.barandbench.com/news/politics-bar-bodies-hampering-calcutta-examplesupreme-court

5. Author not known, Challenge to the All India Bar Exams, SUPREME COURT OBSERVER (July 20, 2024, 03:00 PM), https://www.scobserver.in/cases/challengeto-the-all-india-bar-exams/