Rules 1 and 2 of the Bar Council do not allow a person to be an advocate while being enrolled or employed in any other corporation or government sector.
Rule 49 of the Bar Council of India Rules does not allow an enrolled advocate to practise law if they are a salaried employee somewhere else. If they intend to enter into employment, they are required to deposit their enrolment certificate with the Bar Council.
In this case titled Twinkle Rahul Mangaonkar v. Union of India, a bench comprising of Justice Vikram Nath and JB Pardiwalla, pointed out that “Today, if she gives up her job being a single mother, and God forbid if she is unable to clear the All India Bar Examination, then she would be left without any means of livelihood.”
The Court specifically took note of the applicant’s status as a single mother who was the sole earning member of her family, comprising of her, a son in college, and her retired father.
The Bench directed the Bar Council of Gujarat to issue a provisional enrolment certificate so that she could apply for the AIBE. The Court also took on record the woman’s undertaking to resign from her present job once she cleared the Bar Examination and began practice.