The Delhi High Court stated that finishing a bridge course does not free foreign law graduates from having to take the BCI’s qualifying exam.
The Delhi High Court decided that individuals with foreign law degrees must pass the Bar Council of India’s (BCI) qualifying exam to practice law in India, even if they have completed a bridge course at an Indian law school. This case involved a law graduate who studied at the University of Buckingham and completed a two-year bridge course at National Law University, Delhi (NLUD). She claimed that since she had already passed exams at both institutions recognized by the BCI, she should not have to take the qualifying exam again. Justice Sanjeev Narula’s Bench stated that the BCI’s qualifying exam is essential to ensure that foreign law graduates meet the necessary professional standards for legal practice in India.
The Court noted that while completing the bridge course gives the Petitioner educational equivalency, it does not eliminate the legal requirement to take the Qualifying Examination. Advocate Manish Kaushik represented the Petitioner, while Advocate Preetpal Singh represented the respondents. The Court highlighted that the law graduate was made aware of the need to pass the qualifying exam to practice law in India and had accepted this condition when she chose to enroll in the bridge course. It referenced a BCI communication from 2021, which stated that passing the qualifying exam is a prerequisite for enrollment and legal practice in India.
Additionally, the Court differentiated this case from a recent Karnataka High Court ruling, where a similar graduate was exempted from the exam. The Court explained that the Karnataka decision was based on a different regulatory framework and notifications from 2023, while this case was governed by newer BCI notifications issued in 2024. Therefore, the Court concluded that the Karnataka High Court’s ruling was not applicable here.
Cause Title: Mehak Oberoi v. Bar Council of India & Ors., [2024:DHC:9320]
Appearance:
Petitioner: Advocates Manish Kaushik, Mishal Johari, Ajit Singh Joher, Anubhav Gupta, Aryan Pandey, Chirag Sharma, Mainak Sarkar and Aparna Kushwah
Respondents: Advocates Preetpal Singh, Yash Saini, T Singhdev, Tanishq Srivastava, Yamini Singh, Abhijit Chakravarty, Arun Hussain, Bhanu Gulati, and Aabhas Sukhramani
