Allahabad High Court’s Directive to UP Bar Council
The Allahabad High Court has taken a significant step to streamline the professional journey of aspiring advocates in Uttar Pradesh. On Friday, the court mandated the Bar Council of Uttar Pradesh to issue permanent enrolment numbers to advocates who successfully pass the All India Bar Examination (AIBE) within four weeks of receiving their result card [Yogendra v. State of UP and 3 Others].
Justice Arun Kumar Singh Deshwal, presiding over the matter, further instructed the Director General of Police (DGP) to ensure that district police chiefs expedite the police verification process for law graduates aiming to enroll as advocates. This verification is required to be completed within two weeks of receiving the verification request from the Bar Council of UP.
Addressing Delays in Enrolment
The court’s decision followed reports of delays in receiving permanent enrolment numbers even after the AIBE results had been issued. The issue came to light when advocate Jaihind Gaund, who appeared in a bail case with an expired provisional enrolment, highlighted his situation. Although initially questioned about his right to practice without a Certificate of Practice (CoP), Gaund was permitted to appear after informing the court of his recent success in the AIBE.
Regulatory Framework for Advocate Practice
Under Rule 9 of the All India Bar Examination Rules, 2010, law graduates who obtained their degree post the 2009-10 academic year must qualify the AIBE within two years to maintain their provisional enrolment. Failure to do so results in automatic expiry of their enrolment.
Additionally, Rule 5 of the Certificate and Place of Practice (Verification) Rules, 2015, requires advocates to possess a CoP to practice law. However, the enforcement of this requirement is contingent upon the publication of a list of non-practicing advocates, as specified under Rule 20.4.
More Read
Court’s Conclusions on Practice and Enrolment
In its judgment dated August 7, the court clarified several aspects regarding the practice rights of advocates:
- Law graduates from the 2009-10 academic session onwards can practice based on provisional enrolment for two years in all courts and tribunals. Post this period, without passing the AIBE, they lose this entitlement.
- Advocates wishing to practice in the Allahabad High Court must be on its provisional advocates roll, although those with only a provisional enrolment from the Bar Council can appear alongside advocates on the High Court’s roll.
- Even after five years of CoP issuance, advocates may continue to practice until the Bar Council publishes the non-practicing advocates list.
The Bar Council of UP has assured the court of its commitment to publishing the list of non-practicing advocates following its ongoing member elections.
Justice Deshwal also directed the Advocate Roll Section to strike off or suspend names under Rule 9 of the AIBE Rules, 2010, for those who have not qualified the AIBE within the stipulated two years.
More Read
Representatives from the Bar Council of Uttar Pradesh, including Standing Counsel Ashok Kumar Tiwari and Sai Girdhar, alongside Advocate KK Dwivedi and Advocate DPS Chauhan for the State, were present during the hearings.
[Read Order]
