An advocate is not advocate


CA AYUSH AGRAWAL (Kolkata-Pune-Mumbai)     15 March 2013

CA AYUSH AGRAWAL
Kolkata-Pune-Mumbai 
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View of BCI:- In order to practice law in India, any student graduating in law from Academic Year 2009 – 2010 onwards will be required to pass the All India Bar Examination. However, the advocates can submit an undertaking with the State Bar Council (format available at the State Bar Councils) till they receive the Certificate of Practice after passing the All India Bar Examination to be conducted on January 8, 2012. Please note the undertaking is valid only till January 8, 2012. Practically speaking, any law graduate who does not have practical experience at the bar will spend their formative years working under a senior or within a structured system at a law firm. The advocate can continue with such assistance and learning, but will not be allowed to actually practice law themselves (file a vakalatnama, issue opinions etc.) till they clear the All India Bar Examination. -------------------- Contradictory Rules of BCI

 

No.1 While enrolling in State Bar Council in these days, it is written as "to be enrolled as an Advocate" initially.

No.2 Those "to be enrolled as an Advocate" can appear in any Court of Law according to the statutory provisions, by giving an "undertaking" to BCI (valid for six months). And if could not succeed within 6 months, again can give undertaking and continue. There is no limit practically.

No.3 In advocates act, there are two classes of advocates, namely senior advocates and advocates. There is no other option like 'to be enrolled advocates'.

No.4 BCI has not clarified the status of 'to be enrolled advocates', like their rights, duties, limitations, etc. by any rule/act.

No.5 Sec49 of Advocates Act provides opportunity to frame Rules to BCI subject to which advocate shall have right to practise and circumstances under which a person shall be deemed to pratise as an Advocate in a Court.

THERE are no specific Guideline for the 'to be enrolled advocates'.............................

Which is a clear violation of the Article 19.




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