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The Bar Council of Tamil Nadu and Puducherry has notified that removal proceedings will be initiated without notice against those advocates who continue practice without clearing the All India Bar Examination (AIBE).
A circular issued on November 8 to this effect notes that the AIBE has been conducted ten times since 2010, in compliance with Rules 9 to 11 in Part VI, Chapter III of the Bar Council of India (BCI) Rules.
In a meeting held on August 26, 2012, the BCI had permitted newly enrolled advocates to practice provisionally for a period of two years from the date of enrollment. However, as per the circular, it was also held that,
“If they fail to clear the said All India Bar Examination within the prescribed time period of two years, they are not to be eligible to practice as advocates in any court of law, tribunals etc. till they clear the said Examination.”
Further, the First Bench of the Madras High Court, in an order dated July 3, 2015 had also directed the Bar Council to suspend those advocates who had failed to clear the AIBE within the stipulated time. The order states,
“…in case of persons enrolled after the exam system has come into place in 2010, and there being a requirement of clearing the exams within a period of three (3) years, anyone who has not cleared the exams within that period, licence of that person has to be necessarily revoked and immediate steps must be taken in this behalf.”
Therefore the Council has informed that if there is,
“… any advocate, who practices as an advocate even after this notice without passing the All India Bar Examination, the Bar Council will initiate removal proceedings against them without any further notice.”
Advocates so suspended will also not be eligible “for any of the benefits under the Welfare Fund Scheme and also not entitled to vote in the Bar Association/Advocates Association election, in which he/she was admitted.”
A list of over 1000 advocates yet to clear the AIBE has been released along with the circular.
Read Circular here:
Read Order of the First Bench dated July 3, 2015 here: