Summary
Graduates of law schools who wish to return to advocacy after a five-year absence from the practice of law must pass the All India Bar Examination
If a person accepts a position with no link to legal or judicial concerns, they will need to reappear for the AIBE, as stated in an affidavit
The Bar Council of India (BCI) has informed the Supreme Court (SC) that graduates of law schools who wish to return to advocacy after a five-year absence from the practice of law must pass the All India Bar Examination (AIBE).
The bar organisation stated in an affidavit submitted to the highest court that it has decided that if a person accepts a position with no link to legal or judicial concerns, they will need to reappear for the AIBE.
"If a person remains in service having no connection/relationship with legal or judicial matters, then, in that case, such candidate shall be required to clear the AIBE again if he/she decides to get his/her licence to practice revived after remaining in the job for more than five years from the date of the publication of his/her result of AIBE," the affidavit stated.
The apex court in April had said that a person engaged in other professions can be allowed to enrol with a bar council provisionally but has to clear the All India Bar Examination (AIBE) and upon clearing the test, will get six months to decide whether they would like to be an advocate or continue with the other job.
The top court had stated that as those who wish to return to advocacy after having their licence suspended to take on other jobs will have lost contact with the legal profession, the Bar Council of India will need to evaluate whether a new AIBE needs to be held.
The Gujarat High Court's decision to allow people with other jobs to become lawyers without quitting their jobs was being appealed by the BCI, and the Supreme Court was hearing it.
Last updated on 04 Aug 2022
