Allahabad High Court quizzes BCI on lawyers practicing without CoP, AIBE qualification

The Allahabad High Court recently asked the Bar Council of India (BCI) to clarify whether a lawyer who lacks a Certificate of Practice (CoP) is barred from legal practice only after his or her name is published in the list of non-practicing advocates [Yogendra v. State of UP and 3 Others]

Justice Arun Kumar Singh Deshwal passed the order after an advocate, whose provisional enrollment of 2 years with the Bar Council of Uttar Pradesh stood expired, appeared before the Court to represent a litigant seeking bail.

Though the Bench permitted the counsel to appear in the matter after he said his All India Bar Examination (AIBE) result is awaited, the Court asked whether an advocate can appear before the Court despite the not qualifying AIBE within 2 years from the date of registration.

On Tuesday, the BCI told the Court that under a 2017 resolution and Rule 9 of the All India Bar Examination Rules, 2010, the provisional enrollment of law graduates enrolled after the 2009–10 academic year automatically expires if they fail to qualify the AIBE within 2 years. It was also stated that in the absence of a CoP number, he will not be entitled to practice in any Court. 

However, the Court noted that while Rule 5 of the BCI's Certificate and Place of Practice (Verification) Rules, 2015 makes it necessary to have a CoP to practice law, this disability would come into force only when the names of such advocates are published in list of non-practicing advocates under Rule 20.4.

Counsel representing the BCI then sought time to obtain instructions on this point. The Court will consider the matter again on July 31.

Advocates Jayhind Gaund, Kripa Shankar Yadav, Mohd Aadil Raza, Pawan Kumar Yadav, Praveen Tiwari and Satyvendra Singh Yadav appeared for the petitioner.

Advocate Sai Giridhar represented the BCI.

Advocates KK Dwivedi and Ishan Giri were also present before the Court.

[Read Order]