The resolution, which Legally India has seen, allows candidates who enrolled after 30 June 2011 to undertake that they will practise as an advocate provisionally to passing the December bar exam. If candidates fail they would undertake to stop practising.

A similar resolution was passed by the BCI as reported by Legally India in November 2010, allowing candidates waiting for the first AIBE to sign an affidavit promising to pass the exam within two years.

Resolution No 82/2011 passed on 4 September 2011 by the BCI stated:

In view of the practical difficulties expressed by various State Bar councils with regard to the All India Bar Examination to be conducted in the month of December, 2011, it is resolved to request the State Bar Councils to provisionally permit those applicants who have been enrolled as an advocate after the cut off date (i.e. 30th June, 2011) of submission of application for second All India Bar Examination held on 24th July, 2011 to practice subject to the condition that the candidate must file an undertaking by way of an affidavit accepting the provisional permission in the proforma to be submitted to the respective State Bar Council.

It is also made clear that this resolution will not be applicable to those candidates who have already applied and failed either in the first All India Bar Examination or in the second All India Bar Examination.

The resolution then supplied a pro forma undertaking, which was circulated to state bar councils:

“I, _____________ s/o/ / d/o _____________ R/o _____________ bearing Enrolment No. _____________ have been enrolled in the State Bar Council _____________ in the year _____________. I have obtained law degree during the academic year _____________. I have to apply to the next All India Bar Examination to be held on ___ Dec., 2011. In term of Resolution No. _____________ passed by the Bar Council of India at its meeting held on 4th September, I undertake that I will practice as an advocate provisionally till I qualify the All India Bar Examination to be held in December, 2011. I further undertake that in case I do not qualify the All India Bar Examination, I will not practice as an advocate before any court in India until the time I qualify in succeeding/subsequent examination.

In May 2011 Legally India reported that the Supreme Court transfer petition challenging the AIBE would likely not be heard until November 2011, due to the time the apex court’s registry normally took to process such petitions.

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