The Bar Council of India (BCI) has circulated a resolution to state bar councils to make 2010 graduates give an undertaking to pass the bar exam before practising law.
The Gujarat bar council has published the BCI statement, which is dated 28 November, on its website www.barcouncilofgujarat.org/ .
According to the statement the BCI resolved to “request the State Bar Councils to provisionally permit those applicants who have applied for the Bar Examination to practice [sic], pending the Bar Exam being conducted as per the rules and its result announced subject to the candidates filling an undertaking accepting the provisional permission in the proforma to be submitted to the respective Stat [sic] Bar Councils.”
The resolution states that it was passed at a meeting of 20 November after a “detailed discussion” and is signed by officiating secretary JR Sharma. On 21 November BCI member Rajinder Singh Rana told Legally India that the 20 November meeting in Chennai was a “short” one.
The undertaking states: “I, undertake that I will practise as an advocate provisionally till I qualify the All India Bar Examination. I further undertake that in case I do not qualify the All India Bar Examination, I will not practise as an advocate before any court in India, untill [sic] the time I qualify in a succeeding/subsequent examination.”
The undertakings must be notorised affidavits on non-judicial stamp paper of Rs 100.
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Dear Mr. Subramaniam, your are a very rich advocate, so please donate INR 100 to enable me to purchase a stamp paper for the said Affidavit.
I hereby categorically declare that I have filed vakalatnama in many cases and I am not going to waste my hard earned 100 bucks on some useless Affidavit. I would rather love to file 10 RTI Applications as to find out where my invaluable INR 1300 Bank Draft is parked. I would also love to find out the amount of interest earned by BCI on the money collected from us under the pretext of an AIBE on 5 December which in no way is likely to happen even on 6th March. Further I need my draft back as I didn’t sign for an exam on 6th March. If I am supposed to clear AIBE (if held valid by Hon’ble Judiciary) in next two years then it is purely my sweet will- when should I plan to sign up for AIBE???????
I am happy to see the move, finally State Bar Council are “requested” to cooperate and put a vigil on us, thank god! BCI at last explicitly recognizes the fact that regulation on “Right to Practise” is the domain of State Bar Councils and not of them.
Section 30 of the Advocate Act says:
“30. Right of advocates to practise.
Subject to provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as of right to practise throughout the territories to which this Act extends”
Friends if you give undertaking you may be in trouble, but otherwise there is no such obligation.
So Cheeeeeeeeeeeeeeeeeeeeeers.
Hope you all read the conditions how BCI is playing with us first Rs. 1,300/-, now another Rs. 100/- for NJS paper for affidavit, BCI is not opened a free Notary counter to sing on affidavit i.e. another Rs. 50/-. After passing LL.B. exam we all enrolled our names officially in SBC paying Rs.3,000/-. Till now it is nearly 6 months there is no income at all, how can a young lawyers pays all these stupid expenditure, is there anyone distributing the NJS papers for affidavit and signing the notary without any charges. There is not even single Rs. earning till today, who is going to take the burden of this expenditure. Why BCI is playing with us, why should we write exam, if BCI is really interested in conducting the exam start from beginning all advocates must write the exam not only 2009-10 batch. If BCI is looking for quality remove the reservations in LL.B. course apply the reservations up to degree only then you will get quality not quantity. The BCI is making mistake keeping the young lawyers in confusion for long time and wasting our time.
Why this stupid conditions after enrollment, think twice if you don't have one rupee in your pocket what is the fate of a young lawyer. Please don't play games with us and don't spoil our future.
The apex court is also adopted wait and watch policy instead of giving justice to the young lawyers keeping their future in view.
Please return our money, cancel the exam and let us practice with peace of mind to earn ROJ ROTI.
Thanks,
So what happens if an law student begins practice, files his vakalatnama, get an Order and then does not clear the AIBE.. Will his appearance as an Advocate be void ab initio??
Lame attempt (and a mess) on part of BCI to make up for the mess..
Rather have a sunset clause and keep the AIBE (if at all) after 2-3 years.
ravi delhi...
What if I never appear for it...I will continue practising "provisionally" as an advocate indefinitely???
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