Advocate enrolment: Gujarat high court allows AIBE-hopeful to continue in employment until one clears bar exam

9 nov 2020

Advocate enrolment: Gujarat high court allows AIBE-hopeful to continue in employment until one clears bar exam

The Gujarat high court has allowed an employee applicant hoping to enrol with the Bar council as an advocate to continue with employment until she clears the AIBE (all India bar examination).
Bar councils of most states in India make employment with a corporation, government or firm a bar to enrollment as an advocate and practice in court.
Rules 1 and 2 of the bar council of Gujarat rules prohibit a person who is otherwise qualified to be an advocate from being admitted as an advocate if she/he is employed and requires every application for enrollment to be accompanied by a declaration that a person is not employed.
The division bench stated that, a person may be either full or part time service or employment or is engaged in any trade, business or profession, who otherwise is qualified to be admitted as an advocate shall be admitted as an advocate.
In light of the courts observations, the bench directed the bar council of Gujarat to issue a provisional enrollment certificate so that she could apply for the AIBE.