“Criminals Entering Legal Profession”: SC questions BCI over Lack of Statutory Bar to Deny Enrollment

On Friday, the Supreme Court issued notice on a plea challenging a Madras High Court ruling that restricts enrollment of law graduates facing serious criminal charges, even as the Bar Council of India (BCI) defended the policy by claiming that “criminals have started entering the legal profession.” The Court’s sharp pushback signals a closer scrutiny of whether such restrictions, absent clear statutory backing, can override the fundamental right to practice law.

The case stemmed from a 2017 Full Bench decision of the Madras High Court, which upheld an earlier direction requiring State Bar Councils to deny enrollment to law graduates with pending criminal cases, except for minor, bailable offences, until legislative changes are made. The present challenge has been brought by a chartered accountant who pursued a law degree but was denied enrollment by the Bar Council of Tamil Nadu and Puducherry due to a pending case under Sections 120B and 420 of the IPC. He contends that despite not being convicted, the continuing enforcement of what was termed a “temporary measure” has effectively curtailed his right to practice a profession of choice, raising concerns over fairness and proportionality.

The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta expressed reservations over both the logic and legal basis of the restriction. When the BCI attempted to justify the ban, the Court questioned its enforcement framework, asking, “What action have you taken against those who become criminals after joining the profession?” The Bench further probed the statutory foundation of such a restriction, highlighting the absence of any explicit prohibition under the Advocates Act.

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