Law graduates, out of practice for more than 5 years have to qualify AIBE again: BCI

BCI has told the Supreme Court that Law graduates who discontinued the practice of law for more than five years and are willing to return to advocacy shall qualify for the AIBE
By Edunews Team

11-08-2022

Bar Council of India has told the Supreme Court that Law graduates who discontinued the practice of law for more than five years and are willing to return to advocacy shall qualify for the All India Bar Examination, the Bar Council of India. The law graduate if discontinued their practice in the courts for the said period owing to either personal work or a job having no connection with legal or judicial, shall clear the prescribed examination to get a license to continue the practice.  Failure to do so, such persons cannot practice in any court of the country. AIBE examination needs to be conducted for those who seek to return to advocacy as they would have lost touch with the legal profession. 

The apex court in April 2022 passed an order that a person engaged in other professions can be allowed to provisionally enroll with a bar council, however they have to clear the All India Bar Examination (AIBE).  The apex court observed that they will get 6 months to decide whether he or she would like to be an advocate or continue with the other job upon clearing the test. The apex court was hearing an appeal filed by the BCI challenging a Gujarat High Court verdict.  The high court has allowed persons with other employment to enroll as advocates without resigning from their jobs.

Edu news hails the decision of the Supreme Court on the ground that the advocates can protect the clients only when they practice in the courts continuously. Therefore such advocates have to qualify the prescribed examination as suggested by the Bar Council of India.