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BCI tells state BCs: Grads must sign affidavit to take bar exam before practice

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.

Download the full statement and pro-forma here.

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