BCI's affidavit to Supreme Court says that if a law graduate is in service with no connection with legal or judicial matters, then the person must clear the AIBE again for getting the license to practice.
The Bar Council of India (BCI) has submitted an affidavit to Supreme Court that stated that any law graduate who is not practising law for more than five years needs to again clear the All India Bar Examination (AIBE) to get the license to practice law.
The affidavit reads, "If a person remains in service having no connection/relationship with legal or judicial matters, then, in that case, such candidate shall be required to clear the AIBE again if he/she decides to get his/her licence to practice revived after remaining in the job for more than five years from the date of the publication of his/her result of AIBE," as reported by Live Law.
The decision was taken in BCI's meeting on July 8 pursuant to the Supreme Court's direction to BCI to allow ‘persons with other professions’ to enrol provisionally with the state bar councils, and appear in the All India Bar Examination (AIBE). Supreme Court had also directed BCI to consider balancing its requirement to resign from current employment at the time of seeking enrolment and the difficulties of such candidates who are apprehensive of leaving their jobs even before appearing in AIBE.
BCI has said that it can grant a six-month window to law graduates to quit their jobs after the declaration of the result of AIBE for enrolment as an advocate.
Public Prosecutor, Law Officers need not appear in AIBE again
BCI in its affidavit has made clear that the stipulation will not apply to candidates joining as Public Prosecutor, A.P.P or some judicial service and also for Law Officers in some corporate or government offices. These persons need not appear in AIBE again.
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