BCI to allow other professionals to enroll as provisional advocates on qualifying AIBE? Read here latest update on AIBE

The Bar Council of India is yet to release AIBE XVII 2022 notification, as the exam eligibility related issues are being settled in the Supreme Court of India. Read here to know latest developments on AIBE exam, eligibility, and other details. 

The Supreme Court has directed the Bar Council of India (BCI) to allow ‘persons with other professions’ to enroll provisionally with the state bar councils, and appear in the All India Bar Examination (AIBE). This is with regards to suggestions made by Amicus Curiae Senior Advocate K V Vishwanatha, who raised concerns regarding restrictions on legal practice. Moreover, the SC bench comprising Justice Sanjay K Kaul, and M M Sundresh raised concerns regarding quality of legal education, flaws of bar examination, and chamber allotment/ placement of junior advocates, while hearing a challenge filed by the BCI against Gujarat HC Judgement that allowed persons with other jobs to enroll as advocates without resigning from their current jobs. 

Latest developments on AIBE exam eligibility:

Following this, BCI representative, Senior Advocate S N Bhat has filed an affidavit regarding the concerns raised by Amicus Curiae Adv, Vishwanathan. It was noted that: 

• BCI mandates the candidates to resign from their other job before appearing in AIBE, therefore, for such candidates, SC bench has asked the bar council to issue a roll number on provisional basis in order to appear for AIBE.
• Candidates should be allowed to enroll with the concerned bar council provisionally in order to appear for the bar examination. 
• Such candidates should be given a 6 months window after appearing/ qualifying AIBE to decide about their career as a law practitioner or to continue with their ‘other’ profession.
• A viva examination to be conducted for such candidates, if they decide to enroll as advocates after qualifying AIBE. 
• Candidates have to submit an undertaking within the given period to express their interest in pursuing a career in law, and to confirm their resignation from their current job.
• Seniority of such candidates is to be considered on the basis of their undertaking submitted within the first six months of qualifying the AIBE exam. The seniority will be invalid if the candidate decides to carry on their current profession for a long-term after AIBE qualification, and then decides to pursue a career as a law practitioner. 
• Advocates with suspended license be reconsidered to continue their legal practice by appearing in AIBE as a fresh candidate. 
• Internship not a compulsory pre-qualification for enrolment as a provisional advocate 

Besides, the Bar Council has indicated a change in testing parameters of AIBE, which was conducted in a restricted manner where candidates were allowed to carry only Bare Acts without comments/notes. Therefore, candidates can expect stricter testing parameters of AIBE, such as negative marking, and no notes/reference material in the upcoming examinations. 

The Bar Council of India has concluded AIBE XVI 2021, and has issued 'Certificate of Practice' to the qualified candidates. The exam notification for AIBE XVII 2022 is yet to be released. Candidates can expect the notification in May after the next hearing on the exam is conducted in the Apex Court.

Also read:

500 law schools are sub-standard, says Bar Council of India. Read here 

BCI issues COP for AIBE XVI (16) through ‘AIBESCOPE’ Android and iOS apps, check here to download