BCI ASKS COURTS TO BAR OVER 4700 ADVOCATES
BCI ASKS COURTS TO BAR OVER 4700 ADVOCATES
NITISH SHUKLA
BACKGROUND
The resolution for All India Bar Examination was adopted in 2010 by Bar Council of India at its meeting held on 30 April to amend Part VI, Chapter III of the Bar Council of India Rules (Conditions for Right to Practise). And it was inserted into Part VI of Bar Council of India rule that 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 the academic year 2009-2010 onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961. Section 24 of the Advocates Act specifies the qualification required to be enrolled into the Bar which makes it mandatory to pass the All India Bar Examination in order to practice in India.
CURRENT ISSUE (BCI ASKS COURTS TO BAR OVER 4700 ADVOCATES)
Recently Bar council of India has declared the result of its All India Bar Examination in which as usual many advocates failed to clear it. Concerning the seriousness of such a result, the Bar Council of India has issued a letter intimating that all the advocates who were provisionally enrolled to Bar council and were not able to qualify AIBE since 2010 are not entitled to practice or enjoy any benefits, including voting right in the Bar elections. BCI asks courts to bar over 4700 advocates.
According to the Bar Council of India Circular No.BCI:D:1516/STBC CIR.No.4/2013 (COUNCIL) dated 12.04.2013 on such failure to qualify AIBE, they cease to be advocates till they pass AIBE. The letter is enlightened to Supreme Court, High Courts, Tribunals and District Courts. Following the circular, A total of 4778 provisionally enrolled advocates will be barred from practicing in any court, the list of such advocates has been forwarded to all the concerned authorities.
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CONCLUSION
- From 2010 All India Bar examination was made mandatory for all the Law students to pass the exam in order to be able to practice in any of the Hon’ble courts in India.
- Since 2010, 4778 advocates who were provisionally enrolled in the Bar Council of India were not able to qualify for the All India Bar Examination.
- All those advocates who failed to qualify AIBE will not be allowed to appear in any hearing in any of the court.
- This decision by BCI will bring effectiveness in the practice of advocacy as only qualified and professionally fit advocates will be able to practice in the court.
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