• Enrollment with State Bar Council - (BCI/Advocates Act)

Dear Sir/Mam,

I am 35 years of age and I have just passed my LLB. I want to start my practice after 2-3 of years so that I can secure my family financially using my current business before I start my practice. Once I start practice I wont be earning enough initially to take care of my financial liabilities. So I have the following questions:-

1.	Can I enroll in the state bar council 3-4 years after passing LLB? Will there be any challenge in doing so?

2.	Which is a approach and correct approach, enrolling right now and getting my license suspended for 3-4 years or waiting for 3-4 years and then enrolling once I am ready to start practice?

3.	I want to enroll in Delhi or Haryana, so please provide any inputs which are specific to these states if possible. 

4.	What about the bar council exam (AIBE) can I give it before enrollment or I have to wait for enrollment?

5.	At some places I have read that you can practice without clearing the AIBE exam for 2 years and at another place I read that you cannot sign vaqalatnama until a Certificate Of Practice is issued after clearing the AIBE. Which is correct?

Thank You.
Manoj Yadav
Asked 4 years ago in Civil Law

4 answers received in 30 minutes.

Lawyers are available now to answer your questions.

15 Answers

1. You can enroll bar council as and when you are comfortable but please note that you have to provide complete detail of your education in continuation and justification for break in between the registration and completion of education

2. It will be good to enroll now and completely All India Bar Examination which is compulsory for practice as an advocate and start your full practice after three years when you are comfortable

3. Enrollment does not take any effects you can practice anywhere

4. You can appear for All India Bar Examination only after the enrollment the enrollment certificate is issued and provisional basis for 2 years subject to completion of All India Bar Examination

5. Yes you can practice in GST taxation and tribunals without clearing All India Bar Examination it is required for standing before the court as an advocate

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. No there wont be any challenge, upto age of 45 you can enroll any time.

2. You can enrol when you are comfortable starting your practice.

3. You can enrol in Delhi it will be fast, otherwise rules are similar.

4.No, you have to enrol first and then within 2 years of the registration you can pass the exam any time.

5. You can practice for 2 years, a temporary practice certificate is given on registration you have to give affidavit that you shall pass AIB in 2 years then you can practice and sign Vakaltnama in meantime you can pass AIB.

Feel free to contact in case of any query.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No limitations for enrollment.

a person who wants to get enrolled as an advocate has to first clear Bar Council of India exam. Thereafter the person can enroll himself under any State Bar Council.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

You should enroll now get your licence and start practising after 4 years

2) You can apply to take the All India Bar Examination only after you have enrolled as an advocate with a State Bar Council.

3) you cannot appear until certificate of practice is issued after clearing AIBE

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Manoj

My opinion on your queries are as under:-

1. Can I enroll in the state bar council 3-4 years after passing LLB? Will there be any challenge in doing so?

Opinion:- there is no bar for enrollment after 3-4 years from the passing of the law, so no need to worry.

2. Which is a approach and correct approach, enrolling right now and getting my license suspended for 3-4 years or waiting for 3-4 years and then enrolling once I am ready to start practice?

Opinion:- It will be better to enroll with state bar council whenever you want to start practice

3. I want to enroll in Delhi or Haryana, so please provide any inputs which are specific to these states if possible.

Opinion:- It is your choice but if you want to practice in Haryana then it will be better to enrolled in Haryana Bar Council.

4. What about the bar council exam (AIBE) can I give it before enrollment or I have to wait for enrollment?

Opinion:- It can be given within two years of the enrolment.

5. At some places I have read that you can practice without clearing the AIBE exam for 2 years and at another place I read that you cannot sign vaqalatnama until a Certificate Of Practice is issued after clearing the AIBE. Which is correct?

Opinion:- After enrolment, you may file your vakalatnama and fight the case, you will get a provisional certificate for the same and till two years from the enrolment you may fight the cases.

within two years, you have to clear the AIBE and than continue your practice.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Legally yes in case you are enrolled and provisional certificate is given then you have to get same suspended till the time you are ready to practice. SO its better to enrol when you are practising.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It is forbidden by law , recently in kerala bar council suspends lawyer for running side business.

But if you still want to do it. Just do it by some else name .

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

You need to have your licence suspended as you cannot run any business as per advocate act

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Advocacy is full time profession and you cannot do any business or profession along with the advocacy you have to get your licence suspended for that period you do not want to do it as full time profession

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can apply for enrollment where ever you want and as per present rules have to clear Bar Council Examination if desired by your Bar where you wants to enroll.Once you have been enrolled as an Advocate you cannot join any office of profit. So please apply for enrollment immediately.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You can get enrolled any time after passing LLB. There is no time limit prescribed.

You can get enrolled now and surrender the licence. But while enrolling you need to give affidavit stating you have no other income source. You cannot state that you have income and you want to surrender it. So it will be beneficial if you apply after 3-4 yrs.

AIBE can be given only after enrollment. Without enrollment in state bar council you are not eligible for AIBE.

You get temporary licence for 2 years when you enroll in state bar council. In that two years you should pass AIBE. If you fail to pass then after 2 years your licence is suspended till you pass it

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. You can very well get yourself enrolled if you are conforming to the eligibility conditions.

2. There is nothing wrong to get enrolled now but to confirm the enrolment you may have to clear the AIB examinations before that you cannot even get your license suspended because you will not be confirmed as an advocate until you pass the said examination.

3. You may confirm the eligibility conditions from the bar council by making a visit to the office of the respective bar council.

4. It is only after enrolment.

5. You are right that until you are not passing the AIBE you will not get certificate of practice,therefore the vakalat signed by you before that period will not be validated if you do not clear the said examination within two years from the date of enrolment

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

So If I enroll now, do I have to get my license suspended as an advocate cannot run any business as per the advocates act?

Your understanding is right.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. yes you can register your self after 3-4 years also.

2. Register when you are sure that you have to practise in the court of law

3. There are no specifics, your id, photo, degrees and address proof is required.

4. You have to give it after enrollment, within 2 year of the enrollment.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ethically as per the BCI Act you can not run any business actively while possessing the license of the bar

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer