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AIBE in Oct/Nov/6 months: BCI allows graduates to work with affidavit as bar exam faces ‘practical difficulties’ [Download undertaking]

AIBE: Practically difficult
AIBE: Practically difficult
Exclusive: The Bar Council of India (BCI) passed a resolution again this year to allow graduates who have not yet passed the All India Bar Exam (AIBE) – which was facing “practical difficulties” but may be held in October or November - to practice in courts for six months, provided they give an undertaking.

The BCI passed a resolution on 28 July after considering letters from the Gujarat and Kerala bar councils asking about whether new advocates should be allowed to practice until they passed the AIBE.

The BCI noted:

In view of the practical difficulties in conduct of All India Bar Exam and the delay in holding the same, it is RESOLVED to request all the State Bar Council to provisionally permit the newly enrolled advocates to practice for a period of six months from today.

In the meantime, they should also be asked to furnish an undertaking by way of affidavit on the prescribed Performa stating that they shall not practice after the said period of six months without passing the [AIBE].

in case, the candidate fails to pass the [AIBE] within the prescribed period, he/she shall be required to seek fresh permission for provisional practice to the concerned State Bar Council, which in any case, shall not exceed a further period of six months.

In the pro forma affidavit, advocates “undertake that I will practice as an advocate provisionally until I qualify the [AIBE] (to be held in October/November, 2012 or within the next six months)”.

In August the BCI stated that the exam was not likely to be held before October, after the regulator invited tenders from organisations to conduct this year’s AIBE.

Similar plans allowing graduates to practice while waiting for the AIBE to be held were first introduced in the 2010 AIBE after complications in the conduct of the exam.

Download the pro forma and resolution here.

Full disclosure & sponsored link: BarHacker.in is an bar exam preparation service with a 100% pass rate, that is jointly owned by iPleaders and Legally India.

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