The Allahabad High Court has recently sought clarity from the Bar Council of India (BCI) regarding the practice status of lawyers who do not possess a Certificate of Practice (CoP) and have not qualified in the All India Bar Examination (AIBE). The inquiry was initiated by Justice Arun Kumar Singh Deshwal in the case of Yogendra v. State of UP and 3 Others.
The issue arose when an advocate, whose two-year provisional enrollment with the Uttar Pradesh Bar Council had expired, appeared before the court to represent a client seeking bail. Although the bench allowed the advocate to proceed, given that his AIBE results were pending, it raised questions on whether an advocate is permitted to appear in court without passing the AIBE within the stipulated two-year timeframe from registration.
In response, the BCI referenced a 2017 resolution and Rule 9 of the All India Bar Examination Rules, 2010. According to these rules, the provisional enrollment of law graduates who enrolled after the 2009–10 academic year automatically ceases if they fail to clear the AIBE within two years. Furthermore, in the absence of a CoP number, the advocate is not entitled to practice in any court.
However, the court highlighted a potential discrepancy with Rule 5 of the BCI’s Certificate and Place of Practice (Verification) Rules, 2015. This rule mandates a CoP for legal practice, but the restriction is only enforced when the names of such advocates are published in a list of non-practicing advocates, as stipulated under Rule 20.4.
In light of these details, the counsel for the BCI requested additional time to gather instructions on this matter. The court has scheduled further deliberations on July 31.
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Representing the petitioner were advocates Jayhind Gaund, Kripa Shankar Yadav, Mohd Aadil Raza, Pawan Kumar Yadav, Praveen Tiwari, and Satyvendra Singh Yadav. Advocate Sai Giridhar appeared on behalf of the BCI, while advocates KK Dwivedi and Ishan Giri were also present during the proceedings.
The court’s decision in this case could have significant implications for the legal profession, particularly concerning the enforcement of practice standards and the eligibility criteria for advocates.
