Freshers can practise law without bar exam

The Bar Council of India (BCI) has allowed law graduates to practise in courts without clearing the All India Bar Examination for a period of six months.

In a resolution on August 16, the Bar Council of India gave provisional nod to fresh passouts to practise without attaining the Right To Practise certificate, mandatory for fresh law graduates to appear in courts.

The decision follows the BCI inability to hold the examination since December 2011 due to practical difficulties, said sources.

However, the Bar Council of India has asked the lawyers to sign an undertaking stating they will appear for the examination within the 6 months allowed to them.

Lekh Raj Sharma, Chairman, Bar Council of Punjab and Haryana, had taken up the matter with the Bar Council of India. He had asked them to conduct the examination or give provisional permission to practise.

All State Bar Councils have been asked to provisionally permit the newly-enrolled advocates.

“In view of the practical difficulties in conducting of All India Bar Exam and the delay in holding the same, it is resolved to request all the State Bar Council to provisionally permit the newly-enrolled advocates to practice for a period of six months from today,” the resolution said.

In the meantime, they should also be asked to furnish an undertaking by way of an affidavit on the prescribed performa stating that they shall not practise after the said period of six months without passing the All India Bar Exam, it added.

In case the candidate fails to pass the All India Bar Examination within the prescribed period, he shall be required to seek fresh permission for provisional practice to the concerned State Bar Council, the resolution said.

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