Law graduates who stay out of law practice for more than five years and seek to return to advocacy will be required to clear the All India Bar Examination, the Bar Council of India has told the Supreme Court. In an affidavit filed in the top court, the bar body said it has resolved that if a person takes up a job having no connection with legal or judicial matters, then such person will have to reappear for the AIBE exam.
“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 provisionally enroll with a bar council but has to clear the All India Bar Examination (AIBE) and upon clearing the test, will get six months to decide whether he or she would like to be an advocate or continue with the other job.
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The top court had said that the Bar Council of India (BCI) will have to consider whether a fresh AIBE examination needs to be conducted for those who seek to return to advocacy after getting their licence suspended to take up other jobs, as they would have lost touch with the legal profession. The apex court was hearing an appeal filed by the BCI challenging a Gujarat High Court verdict where it has allowed persons with other employment to enrol as advocates without resigning from their jobs.
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