SC Seeks Affidavits From State Bar Councils Explaining Non-Compliance Of BCI Rule Mandating List Of Senior Lawyers Available To Take Interns During Vacations

The Supreme Court, today, directed all the State Bar Councils which have not complied with the rule mandating it to prepare a list of senior advocates willing to take internships during vacation, to file an affidavit explaining reasons for such non-compliance.

The Court was hearing a writ petition under Article 32 of the Constitution of India seeking the publication of a list of senior lawyers willing to mentor law students during their college vacations.

The Bench of Justice Sanjiv Khanna and Justice Sanjay Kumar ordered, "The State Bar Councils which have not complied with the Rule 26 of the of Schedule III to the Rules of Legal Education, 2008 will file an affidavit setting out the reasons for non-compliance. In case the affiliated Bar Associations have not made compliance they must take steps in accordance with the law. The State Bar Councils will file affidavits within twelve weeks from today. List in the fourth week of January 2025."

Justice Khanna also remarked, "Other option is, we will start imposing costs."

The said Rule 26 of the 2008 Rules states as follows:- "26. District-wise list of Senior Lawyers willing to guide students under internship: The State Bar Councils shall be required to prepare a list of suggested Senior Advocates District-wise with at least ten years experience who are willing to take under internship students during the vacation period. The Bar Council of India shall then publish the list of senior lawyers willing to guide students under internship in the web-site as well as make the list available with the Institutions."

The Court in January 2024, had issued a direction to all the state bar councils in the country to submit status reports regarding compliance with Rule 26 of Schedule III to the Rules of Legal Education, 2008. The rule mandates the State Bar Councils to prepare a list of suggested Senior Advocates District-wise with at least ten years of experience who are willing to take under internship students during the vacation period. The Bar Council of India shall then publish the list of senior lawyers willing to guide students under internship on the website as well as make the list available to the Institutions.

The Court had ordered, "Let the State Bar Councils enter appearance and file respective status report(s) stating whether they have implemented and are in compliance with Rule 26 of Schedule III to the Rules of Legal Education, 2008."

The Bar Council of India had previously submitted before the Court that the list of senior advocates willing to guide students was being prepared and would be published shortly. It had also placed on record a letter requiring the Secretaries of all the State Bar Councils to compile their lists.

Accordingly, the matter is now listed in January, 2025.

Cause Title: Neeraj Salodkar v. Bar Council Of India and Ors. (W.P.(C) No. 698/2022)