Law Graduates Not Practising For More than 5 years Must Retake AIBE: BCI tells Supreme Court

The Bar Council of India has informed the Supreme Court that law graduates who have been out of practise for more than five years and wish to return to advocacy must pass the All India Bar Examination.

The bar body stated in an affidavit filed in the Supreme Court that if a person takes up a job that has nothing to do with legal or judicial matters, that person will have to reappear for the AIBE exam.

“If a person remains in service with no connection/relationship with legal or judicial matters,” the affidavit stated, “then such candidate shall be required to clear the AIBE again if he/she decides to get his/her licence to practise revived after remaining in the job for more than five years from the date of publication of his/her AIBE result.”

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The Supreme Court ruled in April that a person engaged in another profession can be allowed to provisionally enrol with a bar council but must pass the All India Bar Examination (AIBE) and will have six months to decide whether he or she wants to be an advocate or continue with the other job.

The Supreme Court had stated that the Bar Council of India (BCI) must consider whether a new AIBE examination is required for those who wish to return to advocacy after having their licence suspended to pursue other opportunities, as they would have lost touch with the legal profession.

The Supreme Court was hearing an appeal filed by the BCI challenging a Gujarat High Court decision that allowed people with other jobs to enrol as advocates without resigning.

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