AIBE must within 2 years for law graduates post-2009 to practice: Allahabad High Court

“The advocates who obtained a law degree during academic session 2009-10… or thereafter, would be entitled to practice based on a provisional enrollment certificate issued by the Bar Council of UP for a period of 2 years in all courts and tribunals established by Government. However, if they fail to qualify the AIB exam within two years, then they will not be entitled to practice in any court, any Tribunal or any other authority,” the court said on August 7.

The ruling came after the court examined the relationship between the AIBE requirement, provisional enrolment by State Bar Councils and the separate requirement of holding a valid and verified Certificate of Practice. The court also considered whether the restrictions applied to revenue courts and what happens to an advocate after five years from the issuance of a Certificate of Practice.

Why AIBE is required

The court traced the AIBE requirement to the All India Bar Examination Rules, 2010, framed by the Bar Council of India under the Advocates Act, 1961. Rule 9 of the 2010 Rules provides that an advocate enrolled under Section 24 of the Advocates Act cannot practise unless the advocate successfully passes the AIBE. The rule specifically makes the examination compulsory for law students graduating from the academic year 2009-10 onwards and enrolling as advocates.

Justice Arun Deshwal made it clear that the restriction is not confined to civil and criminal courts.

The high court noted that several State Bar Councils later raised objections to the requirement. The Bar Council of India, through its resolution dated April 12, 2013, allowed State Bar Councils to provisionally enrol law graduates from the 2009-10 academic session onwards for two years. The provisional arrangement came with a condition. The resolution stated that such advocates had to clear the AIBE within two years, failing which they would cease to be advocates until they passed the examination.

The Bar Council of India subsequently clarified on January 31, 2017, that advocates who had crossed two years of enrolment could continue appearing for the AIBE without any limit on the number of attempts. But they would remain barred from practising if they had not cleared the examination after two years of enrolment.

The high court also referred to the Supreme Court’s 2023 judgment in Bar Council of India vs Bonnie Foi Law College, which upheld the Bar Council of India’s power to prescribe an examination in relation to entry into the legal profession.

AIBE rule extends to revenue courts

The high court made it clear that the restriction is not confined to civil and criminal courts. Referring to Section 2(1)(a) of the Bharatiya Sakshya Adhiniyam, 2023, the court said the definition of “court” includes persons legally authorised to take evidence. It therefore held that revenue courts are also covered.

The court specifically, “It is further observed that an advocate who has graduated in the academic session 2009-10 (1st July, 2009 to 30th June, 2010) would not be entitled to practice civil, criminal or revenue court (from the court of Tehsildar up to the Board of Revenue), if they fail to qualify the AIB exam within 2 years of issuance of provisional enrollment…”

The court further said that if such advocates appear before a court or tribunal, the presiding officer may refuse to hear them or honour their vakalatnama (document that gives an advocate the power to represent a client). It also observed that such advocates would be liable to prosecution under Section 45 of the Advocates Act, 1961.

5-year ‘Certificate of Practice’ rule

The court separately examined the requirement concerning verification of a ‘Certificate of Practice’. Rule 5 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 requires an advocate to hold a valid and verified Certificate of Practice to practise law. However, the rule also provides that the disability to practise comes into force only after the advocate’s name is published under Rule 20.4 as a non-practising advocate.

“In view of the explanation of Rule 5 of the Rules, 2015, even after expiry of 5 years from the date of issuance of certificate of practice, an advocate would be entitled to continue practice even if a verified or renewed certificate of practice is not issued till the publication of the list of non-practising advocates by Bar Council of UP under Rule 20.4 of the Rules, 2015,” the court said.

The Bar Council of Uttar Pradesh informed the court that verification was underway and that the list of non-practising advocates had not yet been published.

High court roll, new directions

The court also clarified that advocates with provisional enrolment from the Bar Council of Uttar Pradesh must be on the provisional advocate roll of the Allahabad High Court or its Lucknow Bench to practise before the high court. However, an advocate with provisional enrolment but not on the high court advocate roll can appear for two years along with an advocate who is on the relevant high court roll.

The court directed the chairman and secretary of the Bar Council of UP to issue enrolment numbers to advocates who qualify the AIBE within four weeks of receiving their result cards. It also directed the Director General of Police, Uttar Pradesh, to ensure that police verification of law graduates seeking enrolment as advocates is completed within two weeks of receiving the verification form from the Bar Council of Uttar Pradesh.

The court directed that the order be circulated to revenue courts and tribunals constituted by the Uttar Pradesh government, besides being sent to the Bar Council of UP, the Director General of Police and the Bar Council of India.