Can a lawyer (without passing AIBE ) be the member of the BAR ?

Respected Sir,

lawyers who have passed their LLB degree on or after June 30, 2011 and have enrolled themselves with the state bar council and bar council of India, according to the recent report published by the Times Of India are allowed to appear before the court without clearing the AIBE also known as All India Bar Examination. this allows the lawyers to practice even if they have not passed the BCI exam.

 As per the resolution, all law graduates enrolled in various State bar councils across the country will act as advocates, subject to giving an undertaking that they would later appear for the BCI exam. At present only those law graduates, who had cleared the examination held by the BCI can practice as lawyers. While law graduates will be allowed to plead cases, they would need to give an undertaking to State bar Council that they shall appear for the examination conducted by the BCI.

Chairman of the State Bar Council Shri Lekh Raj Sharma, said that the resolution was only an interim relief and they are demanding abolishment of AIBE. He also said that Soon all State bar councils of the country would hold a protest march in Delhi against AIBE and if necessary they would also abstain from judicial work in support of their demand.

according to Section 26 of the Advocates Act 1961-

(1) A State Bar Council shall refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of sub-sections (2) and (3) 1[and to any direction that may be given in writing by the State Bar Council in this behalf], such committee shall dispose of the application in the prescribed manner: 2[Provided that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard.]

(2) Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application.

(3) The enrolment committee of a State Bar Council shall dispose of any application referred to the Bar Council of India under sub-section (2) in conformity with the opinion of the Bar Council of India. 1[(4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal.

Hope you find this helpful.

Regards.