Supreme Court Seeks Affidavits from State Bar Councils on Non-Compliance with BCI Internship Rule

In a significant move, the Supreme Court of India today mandated all State Bar Councils that have failed to adhere to a specific rule concerning the listing of senior advocates for internships to submit affidavits clarifying their non-compliance. This directive comes as part of the Court’s efforts to ensure law students can access mentorship opportunities during their vacations.

The apex court was addressing a writ petition under Article 32 of the Constitution, which called for the enforcement of the provision requiring the publication of a list of senior lawyers available to mentor law students. The bench, comprising Justice Sanjiv Khanna and Justice Sanjay Kumar, expressed their concern by stating, “The State Bar Councils that have neglected Rule 26 of Schedule III to the Rules of Legal Education, 2008, must file affidavits detailing the reasons for their non-compliance within twelve weeks.”

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Further adding to the gravity of the situation, Justice Khanna warned, “If compliance is not met, we may consider imposing costs.”

Rule 26 mandates each State Bar Council to compile a district-wise list of senior advocates with at least ten years of experience who are willing to take law students as interns during vacation periods. This list is then meant to be published by the Bar Council of India online and made available to educational institutions.*

Despite the initial order issued in January 2024, which requested status reports on compliance from each state bar council, the implementation has been lackluster. The Bar Council of India previously informed the court that it was in the process of preparing the list and would soon make it public. A formal letter had also been sent to the secretaries of all State Bar Councils urging them to assemble their lists promptly.

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