The Bar Council of India's amendment to the Bar Council of India Rules has created a landmark condition to practice law as an advocate in India. The decision was notified in the Official Gazette of India on June 12, 2010. Hence all law students graduating from academic year 2009-2010 will now have to sit for and pass a Bar Exam in India, if they wish to practice law as an Advocate under the Advocates Act, 1961.
The relevant portion of the Rules read as under:
9. No advocate enrolled under section 24 of the Advocates Act, 1961 shall be entitled to practice under Chapter IV of the Advocates Act, 1961, unless such advocate successfully passes the All India Bar Examination conducted by the Bar Council of India. It is clarified that the Bar Examination shall be mandatory for all law students graduating from academic year 2009-2010 onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961.
The All India Bar Examination
10. (1) The All India Bar Examination shall be conducted by the Bar Council of India.
(a) The Bar Examination shall be held at least twice each year in such month and such places that the Bar Council of India may determine from time to time.
(b) The Bar Examination shall test advocates in such substantive and procedural law areas as the Bar Council of India may determine from time to time.
(c) Such substantive/procedural law areas and syllabi shall be published by the Bar Council of India at least three months prior to the scheduled date of examination.
(d) The percentage of marks required to pass the Bar Examination shall be determined by the Bar Council of India.
(e) An unsuccessful advocate may appear again for the Bar Examination, without any limit on the number of appearances.
(f) The Bar Council of India, through a committee of experts, shall determine the syllabi, recommended readings, appointment of paper setters, moderators, evaluators, model answers, examination hall rules and other related matters.
(g) The Bar Council of India shall determine the manner and format of application for the examination.
(h) Upon successfully passing the Bar Examination, the advocate shall be entitled to a Certificate of Practice.
Application for Certificate of Practice
11. (1) The Certificate of Practice shall be issued by the Bar Council of India to the address of the successful advocate within 30 days of the date of declaration of results.
(2) The Certificate of Practice shall be issued by the Bar Council of India under the signature of the Chairman, Bar Council of India.
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