Gujarat law grads get the right to practice subject to clearing the AIBE when conducted | Bar and Bench

Gujarat law grads get the right to practice subject to clearing the AIBE when conducted

The Law graduates of Gujarat have a breather with the Gujarat Bar Council passing a resolution to allow them to practice without appearing for the All India Bar Examination (AIBE).

The Law graduates of Gujarat have a breather with the Gujarat Bar Council passing a resolution to allow them to practice without appearing for the All India Bar Examination (AIBE). The resolution states that the graduates will be allowed to practice, and licenses will be issued with an undertaking that they will appear for the AIBE when conducted.

 

Speaking to Bar & Bench, Vice Chairman of the Bar Council of Gujarat said, “The BCI has sent us a resolution where it had expressed practical difficulties in conducting the examinations before March 6, 2011. Therefore in the interest of the students and the directive of the BCI, we have decided to give temporary enrolment to students who have applied for the AIBE, the rights to practice”. “These rights are only given to students who had previously applied for the AIBE and not to everyone who has approached the Bar Council for enrollment,” he added.

 

According to media reports Bar Council of Gujarat President J.J. Patel has quoted, “that a resolution in this regard has been passed and licences will be issued after taking an undertaking from the graduates that they will appear for the test within two years. For now, the BCI has postponed its plans to conduct the test, the passing of which was to be a pre-requisite for getting a licence to practice. The BCI will take the exam in March 2011 instead of December 2010. The BCI's decision to postpone the exam was due to lack of facilities necessary for the test”. 

 

The Bar Council of India (BCI) was unreachable, at the time of going to press. The first AIBE is going to take place on 6 March,2011 according to the BCI website.

 

Copy of the Bar Council of India’s directive to the State Bar Councils along with the affidavit is available here.

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Comments

singh

November 30, 2010 - 4:43pm

wat avt the students of other bar councils like the Pb and Hya bar council...v will not get this right...it is against art. 14...

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blah

November 30, 2010 - 10:24pm

i have one tiny doubt. Not that i'm questioning the ability of each of these graduates but lets just say they get orders in their favour or adverse to their clients cause, and then subsequently fail to pass the AIBE, what happens to those orders. Do such orders stand, and what stops the other/aggrieved party from challenging orders obtained by persons whom the BCI doesnt deem fit to even be lawyers. So no retrospective application i think hmm.why not just stop being stubborn and just cancel the damned exam for the 2010 grads. I read a lot of people blaming the media or each other for not approaching the media. Well bar and bench in itself is a sort medium, why cant B&B itself write something to this accord to get the ball rolling. its reached a point where this isn't even worth fighting for.

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blah

November 30, 2010 - 10:25pm

i have one tiny doubt. Not that i'm questioning the ability of each of these graduates but lets just say they get orders in their favour or adverse to their clients cause, and then subsequently fail to pass the AIBE, what happens to those orders. Do such orders stand, and what stops the other/aggrieved party from challenging orders obtained by persons whom the BCI doesnt deem fit to even be lawyers. So no retrospective application i think hmm.why not just stop being stubborn and just cancel the damned exam for the 2010 grads. I read a lot of people blaming the media or each other for not approaching the media. Well bar and bench in itself is a sort medium, why cant B&B itself write something to this accord to get the ball rolling. its reached a point where this isn't even worth fighting for.

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blah

December 1, 2010 - 8:16am

i have one tiny doubt. Not that i'm questioning the ability of each of these graduates but lets just say they get orders in their favour or adverse to their clients cause, and then subsequently fail to pass the AIBE, what happens to those orders. Do such orders stand, and what stops the other/aggrieved party from challenging orders obtained by persons whom the BCI doesnt deem fit to even be lawyers. So no retrospective application i think hmm.why not just stop being stubborn and just cancel the damned exam for the 2010 grads. I read a lot of people blaming the media or each other for not approaching the media. Well bar and bench in itself is a sort medium, why cant B&B itself write something to this accord to get the ball rolling. its reached a point where this isn't even worth fighting for.

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p

November 30, 2010 - 11:18pm

friends, please read article regarding violence.... bar council member...etc. on legally india. now bci tell who needs reforms.

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Shruti

December 1, 2010 - 10:52am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Shruti

December 1, 2010 - 10:52am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Shruti

December 1, 2010 - 10:52am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Shruti

December 1, 2010 - 10:52am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Shruti

December 1, 2010 - 10:52am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Shruti

December 1, 2010 - 10:52am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Lalit

November 30, 2010 - 5:14pm

Dear Friends,We are not going to give any kind of undertaking. They give permission only if we give undertaking but why they demanding undertaking because they know that this bar exam rule is unconstituional && if sc disallow bar exam than also we have to give exam if we sign undertaking. We have already started practice without this kind of undertaking.Aapse Jo hota hai vo karlo. Regards

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Shruti

December 1, 2010 - 10:52am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Shruti

December 1, 2010 - 11:45am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Shruti

December 1, 2010 - 10:52am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Shruti

December 1, 2010 - 10:52am

A signature campaign should not be in the colleges only, because the 2010 batch are no longer in college. Each city would need to decide a venue for the signature campaign, so that all the effected graduates (advocates) from that city may sign the campaign. Possibly the state bar council office or some such office.

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Jayaprakash Narayan

December 2, 2010 - 12:25am

The same has been made applicable even in Bar Council of Karnataka, so my dear fresh advocates of Karnataka, you can start appearing from tomorrow.. And in my opinion the exams may never be conducted.

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S.S.MUTHURAJAN

December 2, 2010 - 11:31am

hi Sarbani Bera you are right, i will join with you shortly.

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s.s.muthurajan

December 2, 2010 - 11:31am

Hi friends be aware of undertaking affidavit. The BCI try to indirectly force young advocates to appear in AIBE. The exam conducted by BCI is an unconstitutional one, so far we need not to give undertaking affidavit.

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sam

December 2, 2010 - 9:42pm

you fools the bci is exploitin' our situation,pls stay together n boycot this AIBE.We have to fight against this,AIBE is necessay...BUT BEFORE the ENROLLMENT,After the enrollment we are eligible for the profession,after all we r advocates c'mon guys pls dont be stupid,we hav 2 fight for our Right,those people who have applied 4 the exam are backstabbers...if they are doin' this then wat wil be the future of indian judiciary....

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sam

December 2, 2010 - 9:42pm

at no6:hey bro u r sayin' that we have 2 get enrolled in the state bar council,man we got enrolled on the state bar concil n the state bar council gave us a certificate certifyin' that we r eligible for practicin' as advocates.....so wat u mean.....i din't get u, don be a stupid....

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S.S.Muthurajan

December 3, 2010 - 4:04pm

hi friends is anybody knows the present status of our enrollment case before Supreme court of india ? We have to appear as in person before the Supreme court of india for our enrollment case.

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Here is my unde...

November 30, 2010 - 5:33pm

“I, hereby undertake that I am practicing since August 2010, and will practise as an advocate indefinitely irrespective of the fact the All India Bar Examination will happen or not. I further undertake that since I will never appear for the illegal and highly unorganized All India Bar Examination, I will sue the BCI as an advocate before the competent court in India, if they try to waste any of my valuable time by publishing such baseless and illegal statements.”

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S.S.Muthurajan

December 3, 2010 - 4:04pm

hi friends is anybody knows the present status of our enrollment case before Supreme court of india ? We have to appear as in person before the Supreme court of india for our enrollment case.

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S.S.Muthurajan

December 3, 2010 - 4:07pm

hi friends is anybody knows the present status of our enrollment case before Supreme court of india ? We have to appear as in person before the Supreme court of india for our enrollment case.

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padmayadav

June 12, 2011 - 5:57pm

hi friends if we r not advocates then why do they need our vote for state bar council election??? i think that only for money making purpose they r conducting bar exams. except filling vakalath, we have all privileges.

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shankar

August 14, 2012 - 12:17pm

" FRIENDS, what they are thinking towards us , i tell u friends so many newly enrolled advocates are depending their enrollment to practice but if there is no filling of vakalath with our sign why do we studied a law in our respected university..i am agree with you guys this exam is not necessary..... but its our Indian system... BUT ONETHING IS CLEAR THAT WE HAVE ALL PRIVILEGES TO PRACTICE AND WE HAVE TO BE PROUD BEING AN ADVOCATE.."

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divyang bhatt

March 11, 2013 - 12:47pm

if i have to enroll as an advocate after passing my special L.L.B.and aged 54 can i have no any test held by bar council of india

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Advocate

November 30, 2010 - 7:25pm

Dear Friends, Please go through the Advocates Act, 1961 before posting such comments. A person has to be enrolled with the State Bar Council in order to appear before the Courts. They can only be called as Advocates once they are enrolled with the State Bar Council which is a statutory body under the Advocates Act, 1961. If you want to challenge something, then challenge the vires of the Act.

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kuttan

November 30, 2010 - 7:24pm

it is against art. 14

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Advocate2010

November 30, 2010 - 7:24pm

To,The Chorman, BCII hereby undertake that I am an advocate passed in 2010 and enrolled on 02/06/2010 much before then your Resolution No.73/2010 and practising since then. I further declare I won't appear in your illegal, unconstitutional Bar Exam.No thanx,No regards

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Archana

November 30, 2010 - 9:01pm

I don't understand what the bar council is upto? If they weren't ready with the resources to conduct the exam then why the hell did they make such announcements??? It just shows their credibility... I am super annoyed with the way things are shaping up, I reckon they should grant us the lisence , & the law should be implied from the next batch.. I wish all the law students across India unite & fight is out...

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@ #6, Plz wake ...

November 30, 2010 - 9:01pm

We all are duly enrolled since Aug. 2010 as Advocates, so BCI should stop call us GRADS !!!!We are practising since the day we got enrolled and will continue to do so!!

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Sarbani bera

December 1, 2010 - 8:17am

I want to fight.anyone willing to join me can reach me on 91-9874989735.v l jointly write to the law minister.like a signature campaign throughout the nations in various law schools.afterall,its not only violation of art 14 bt also 21-r right to livelihood.right guys.

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