The Allahabad High Court has clarified the conditions governing the right of law graduates to practise after enrolment, particularly for those who graduated from the academic session 2009-10 onwards.
Justice Arun Kumar Singh Deshwal dealt with two important questions concerning the All India Bar Examination (AIBE), provisional enrolment and the Certificate of Practice (COP). The order was delivered on August 7, 2026, in Criminal Misc. Bail Application No. 17377 of 2026.
Background of the Case
The issue arose after the Court had earlier permitted the applicant's counsel, as a one-time exception, to argue the matter despite questions concerning his AIBE qualification. The Court subsequently sought assistance from the Bar Council of India, Bar Council of Uttar Pradesh and other legal bodies on the rules governing advocates who had graduated after the 2009-10 academic session.
The Court examined the AIBE Rules, 2010 and the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.
Under Rule 9 of the AIBE Rules, law graduates from the 2009-10 academic session onwards are required to qualify the AIBE before becoming entitled to practise. The Court also considered the BCI's 2013 resolution, which allowed such graduates to receive provisional enrolment for two years.
Court's Observations
The Court noted that enrolment under Section 24 of the Advocates Act does not, by itself, provide an unrestricted right to practise. The right remains subject to the statutory provisions and rules framed by the Bar Council and the High Court.
Referring to the Supreme Court's decision in Bar Council of India v. Bonnie Foi Law College, the Court recognised the authority of the Bar Council of India to regulate entry into legal practice through examinations and related rules.
The Bench observed that the legal profession has an important role in protecting civil and constitutional rights, describing the Bar and Bench as “two wheels of a chariot of justice.”
On the second issue, the Court interpreted Rule 5 of the 2015 Rules and held that expiry of five years from issuance of a Certificate of Practice does not by itself stop an advocate from practising. The disability arises only after the advocate's name is included in the list of non-practising advocates published under Rule 20.4.
Decision
The Court held that law graduates from the 2009-10 academic session onwards can practise on the basis of provisional enrolment for two years. If they fail to qualify the AIBE within that period, they cannot practise before courts, tribunals or other authorities.
For appearing before the Allahabad or Lucknow Benches of the High Court, such advocates must also have their names on the relevant High Court advocate roll. However, during the two-year provisional period, they may appear along with an advocate who is already on the High Court roll.
The Court further directed the Bar Council of Uttar Pradesh to issue permanent enrolment numbers within four weeks of receiving an advocate's AIBE result card. It also directed the Advocate Roll Section to take action regarding provisional rolls after due notice and directed the Director General of Police, Uttar Pradesh, to complete police verification of law graduates seeking enrolment within two weeks of receiving the verification form.
The application was accordingly consigned to records.
Case Details
Case Title: Yogendra v. State of U.P. and 3 Others
Case Number: Criminal Misc. Bail Application No. 17377 of 2026
Judge: Hon’ble Arun Kumar Singh Deshwal, J.
Decision Date: August 7, 2026
