Relief is meant for a period of six months only
Giving partial relief to law graduates,the Bar Council of India has allowed them to practise without clearing the All India Bar Exam for a period of six months.
In a resolution dated August 16,the Bar Council of India (BCI) gave provisional nod to new recruits to practise without attaining the Right To Practise certificate,as it had not been able to hold the exam since December 2011 due to practical difficulties. This certificate is mandatory to practise in courts.
However,the BCI has asked the lawyers to sign an undertaking,stating that they would be appearing for the exam whenever it was held and would clear it. The decision came after Lekh Raj Sharma,chairman,Bar Council of Punjab and Haryana,took up the matter with the BCI. He had asked them to either conduct the exam at the earliest or give provisional permission to practise.
All State Bar Councils have been asked to provisionally permit the newly enrolled advocates. The resolution was passed after a meeting of the Bar Council of India on July 28. 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 Councils to provisionally permit the newly enrolled advocates to practise for a period of six months from today. In the meantime,they should also be asked to furnish an undertaking,by way of an affidavit,on the prescribed proforma stating that they shall not practise after the said period of six months without passing the All India Bar Exam. In case,the candidate fails to pass the All India Bar Exam 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, the resolution stated.