BCI Clarifies Practice Rights of Provisionally Enrolled Advocates: Check Latest Update

The Bar Council of India (BCI) has clarified that provisionally enrolled advocates can continue practising law freely. The clarification addresses concerns about restrictions on advocates whose enrolment is provisional.

The decision provides clarity on the practice rights of provisionally enrolled advocates. It also addresses confusion over whether provisional enrolment limits their ability to appear and practise before courts.

The BCI stated that advocates enrolled with State Bar Councils can practise without clearing the All-India Bar Examination (AIBE) during the first two years after enrolment. They can appear before courts, sign Vakalatnamas and represent clients.

However, provisional enrolment does not provide all professional rights. Such advocates cannot vote in Bar Association elections, contest elections or claim welfare benefits until they clear AIBE.

What Practice Rights Do Provisionally Enrolled Advocates Have?

The BCI clarified that provisional enrolment does not restrict an advocate's professional work during the two-year period. They can undertake both litigation and non-litigation work.

Their permitted activities include:

• Signing and filing Vakalatnamas.
• Appearing and pleading before courts and tribunals.
• Advising and representing clients.
• Drafting petitions, notices and legal agreements.
• Providing legal opinions and consultation.
• Handling arbitration, mediation and negotiation.

What Restrictions Apply to Provisionally Enrolled Advocates?

The BCI clarified that advocates who have not cleared AIBE cannot exercise certain rights. These restrictions remain until they pass the examination.

What Happens If Advocates Fail to Clear AIBE Within Two Years?

Advocates must clear AIBE within two years of enrolment to continue practising law. If they fail, their licence and right to practise will be suspended.

During the suspension period, they cannot appear before courts, sign Vakalatnamas or represent clients. However, their enrolment will not be cancelled, and their names will remain on the State Bar Council roll.

They can resume legal practice after passing AIBE and completing the required formalities.

Why Did BCI Issue This Clarification?

The clarification followed a writ petition filed by seven provisionally enrolled advocates before the Karnataka High Court. They sought permission to sign Vakalatnamas and appear before courts without clearing AIBE.

On July 2, 2026, the High Court directed the Karnataka State Bar Council and BCI to consider their representations within one month.

The BCI subsequently issued a clarification addressing ten specific queries about the rights of advocates awaiting AIBE qualification. It also directed the Karnataka State Bar Council to communicate these rules to recognised Bar Associations and submit an action-taken report within seven days.

Provisionally Enrolled Advocates and AIBE FAQs