Age limit for Lawyers to be enrolled with Bar Council for Practice- Supreme Court quashes the rule limiting the age at 45 years.
The Supreme Court of India quashed the petition by the Bar Councils wherein the Bar Councils wanted to impose an age limit of 45 years for enrolling as an Advocate to pursue the career of legal practitioner.
The Bar Council argued that the rule was enacted to protect the interest of the Advocates and to ensure the upkeep of the professional standards. The Council also raised a point that it helped in maintaining the uniformity in the profession across the states.
The Apex Court while deliberating on the matter observed, “How can this be done? Lot of people enroll as lawyers after retirement or after their resignation. In fact, I know about one person in Karnataka who was under suspension and he started practicing law. He turned out to be one of the best lawyers in the state. These things do happen"
The Bench also observed that the Parliament did not fix any upper age limit for pursuing the LL.B. course and degree and therefore by restricting the degree holders with age more than 45 years, the State Bar Councils were differentiating between two similarly placed individuals.
The Apex Court negating all the arguments of the State Bar Councils quashed the rule and remarked that many persons above 45 years in age had excelled in the profession and the young lawyers had a lot to learn from them. The Learned Court stated, " We do not find any rationale to have age restriction for enrollment as lawyers if a person is otherwise eligible."
This judgement of the Apex Court is welcome step and this is going to make lot of people happy. This also opens up the door for those persons who have garnered lot of experience and wisdom which can be fruitfully employed and used in the legal world. Had this rule not been quashed then this would have meant a loss, may be a big loss, to the legal sector as lot of great experience and skills would not have been left unexploited.
It has been seen that many of the lawyers who started practice after pursuing other professions have turned out to be good advocates as it is seen that the maturity and understanding of the work and law is better for them.
Let's be grateful to the learned Court for keeping the door open for all those individuals who can be a good and great lawyers even if they start little late.