Raghuu Singh 14 October 2020
Adv Vinay Mathur + 8447131770 (Advocate) 14 October 2020
P. Venu (Advocate) 15 October 2020
The issue needs to be understood as provided under the Coonditions for Right to Practise under Section 49 (1) (ah) of the Advocates Act, 1961 -
9.No advocate enrolled under section 24 of the Advocates Act, 1961 shall be entitled to practice under Chapter IV of the Advocates Act, 1961, unless such advocate successfully passes the All India Bar Examination conducted by the Bar Council of India. It is clarified that the Bar Examination shall be mandatory for all law students graduating from academic year 2009-2010 onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961.
The All India Bar Examination
10.(1) The All India Bar Examination shall be conducted by the Bar Council of India.
(a) The Bar Examination shall be held at least twice each year in such month and such places that the Bar Council of India may determine from time to time.
(b) The Bar Examination shall test advocates in such substantive and procedural law areas as the Bar Council of India may determine from time to time.
(c) Such substantive/procedural law areas and syllabi shall be published by the Bar Council of India at least three months prior to the scheduled date of examination.
(d) The percentage of marks required to pass the Bar Examination shall be determined by the Bar Council of India.
(e) An unsuccessful advocate may appear again for the Bar Examination, without any limit on the number of appearances.
(f) The Bar Council of India, through a committee of experts, shall determine the syllabi, recommended readings, appointment of paper setters, moderators, evaluators, model answers, examination hall rules and other related matters.
(g) The Bar Council of India shall determine the manner and format of application for the examination.
(h) Upon successfully passing the Bar Examination, the advocate shall be entitled to a Certificate of Practice.
The All India Bar Examination Committee of the Bar Council of India resolved in its meeting held on 26th August, 2012 that State Bar Councils would provisionally enroll candidates as Advocates till they pass the All India Bar Examination. The Bar Council of India thereafter based on said resolution by its letter dated 12.04.2013 has provided that an Advocate has to give undertaking that he will practice as an Advocate provisionally till he/she qualifies successfully the All India Bar Examination. Thereafter Bar Council of India vide its letter dated 12.4.2013 has proceeded to intimate the State Bar Councils to provide provisional certificates of enrollments to candidates with no voting rights or benefits of welfare schemes:-
"The candidates who are enrolled by the concerned State Bar Councils but are yet to appear and pass the All India Bar Exam (AIBE), it would be better if the concerned State Bar Councils enroll them provisionally and they are issued Provisional Certificates of enrollments Meaning thereby, the certificate issued to such candidates should bear the word "Provisional" (valid upto .......) in bold letters. The ID Cards issued to them by the State Bar Councils should also bear the word "Provisional" (Valid Upto) in same fashion. The candidates who do not pass AIBE shall not get benefits of the various Welfare Schemes of the State Bar Councils or the Bar Associations. The concerned State Bar Council should intimate this fact to all the Bar Associations. Those candidates should not get the right of voting and if any, Association decides to admit them as its member, their membership should be totally provisional with no voting-right. It is also resolved that just below the word provisional in the certificates or in the ID Cards, it should be made clear that the certificate is valid upto........ (the period is to be calculated for two years from the date of enrollment and the date after completion of two years should be mentioned after the word upto or till they pass the AIBE (whichever is earlier). It is also made clear that those who do not pass the AIBE within the said period, will not be given further such provisional certificates till they pass the AIBE and will be ceased to be the advocate till they pass AIBE. After getting success in AIBE, the State Bar Councils shall issue certificates of enrollment and the candidates shall return their provisional certificates to State Bar Councils, the State Bar Councils shall issue certificate/licence only after verifying the- Certificate of Practice (COP) issued by Bar Council of India duly signed by Chairman, Bar Council of India and Chairman of concerned State Bar Councils."
Thus the extant norms provide for provisional enrollment for a period of two year or passing of AIBE whichever is earlier. If AIBE is not passed within the period of two years, further enrollment is subject to passing of AIBE. Even after the completion of the said period of two years, the candidates have any number of chances to appear for AIBE.
This aspect has been clarified by the BCI by their letter dated 31/01/2017 (file:///C:/Users/HP/Desktop/BCI-564-2017-STBC-AIBE.pdf)
Tonmoy Sharma 02 February 2021
What if a person has not cleared AIBE within two years? Does he have re register with the state bar council?