BCI permits newly enrolled advocates to practice for 6 months without taking AIBE Directs Advocates to furnish undertaking in support of the same

On July 28, 2012 the Bar Council of India (BCI) resolved to allow newly enrolled advocates to practice in courts for a period of six months without taking the All India Bar Exam (AIBE). However, the BCI has also directed these advocates to submit an undertaking stating that these advocates will not practice for a period greater than the permissible six months without passing the AIBE..On July 28, 2012 the Bar Council of India (BCI) resolved to allow newly enrolled advocates to practice in courts for a period of six months without taking the All India Bar Exam (AIBE). However, the BCI has also directed these advocates to submit an undertaking stating that these advocates will not practice for a period greater than the permissible six months without passing the AIBE..The July 28, 2012 resolution is a result of queries from the State Bar Councils of Gujarat and Kerala with respect to the enrolment of new advocates and “their queries whether to permit the newly enrolled advocates to practice till they pass the All India Bar Exam”. Interestingly, the BCI had held a meeting on July 28, 2012 to finalise the agency entrusted with conducting the AIBE. It was this process of selection that has resulted in a delay..As reported by Bar & Bench, the AIBE process has been delayed for various reasons following the termination of the contract between the BCI and Rainmaker to conduct the AIBE. This was subsequently followed by an announcement on July 9, 2012 that Rainmaker would, in fact, conduct the next AIBE in August, 2012. However, on July 30,2012 the BCI clarified its stance once again stating that it would first finalise the agency entrusted with conducting the AIBE rather than employ the services of Rainmaker as a temporary measure..The next AIBE, which was tentatively scheduled to be held in August 2012, is now facing “practical difficulties” and hence the BCI has passed the July 28 resolution. It may be remembered that a similar decision was taken with regard to the third AIBE which was held on January 8, 2012..A copy of the per forma, which all advocates have been directed to submit, is available below.