AIBE Qualification Status Should Be Mentioned In Vakalatnama: SC urges BCI

No system in place allows clients, courts, or even opposing counsel to verify an advocate’s AIBE status directly from the vakalatnama or case records. The SC has urged the Bar Council of India to consider making it mandatory for advocates to disclose their All India Bar Examination (AIBE) status in the vakalatnama.

AIBE Qualification Status Should Be Mentioned In Vakalatnama: SC urges

The Supreme Court has urged the Bar Council of India (BCI) to consider making it mandatory for advocates to disclose their All India Bar Examination (AIBE) status in the vakalatnama—a legal document authorising an advocate to appear on behalf of a client. The observation came during the hearing of a matter concerning regulatory compliance and professional eligibility in court proceedings.

A bench headed by Justice Sanjay Kishan Kaul remarked that the inclusion of an advocate’s AIBE status in the vakalatnama would help prevent the unauthorised practice of law by those who have not yet passed the mandatory bar exam.

Background: AIBE as a Certification for Practice

The AIBE, conducted by the BCI, is a mandatory certification examination for law graduates seeking to practice in courts across India. Only those who pass the exam are issued a Certificate of Practice (CoP). However, concerns have been raised over the years about a significant number of enrolled advocates practicing without having cleared the AIBE.

Currently, there is no system in place that allows clients, courts, or even opposing counsel to verify an advocate’s AIBE status directly from the vakalatnama or case records.

“We are seeing cases where advocates appear in courts without having cleared the bar exam. This affects the credibility of the legal system and must be addressed,” Justice Kaul observed. The bench noted that a simple declaration in the vakalatnama—stating whether the advocate has passed the AIBE and the year of passing—would act as a safeguard against unqualified practice.

The court has urged the BCI to explore the legal and administrative feasibility of implementing this directive. The Supreme Court has directed the Bar Council of India to file an affidavit outlining its position on the proposed reform and the steps it plans to take. The matter has been posted for further hearing in four weeks.

The bench also asked whether the BCI is considering developing a centralized digital verification system where courts and litigants can verify an advocate’s eligibility and AIBE status in real time.

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