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Frequently Asked Questions 

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Bar Council of India

Frequently asked questions

Who should take the All India Bar Examination? What do I need to do to apply?
All students graduating from academic year 2009-10 onwards need to clear the All India Bar Examination in order to practice law in India. Students who graduate in 2009-10 can take the All India Bar Examination scheduled on December 5, 2010.
If you cannot appear for the examination scheduled on December 5, you can appear for the next one. The All India Bar Examination will be conducted twice every year in April and November, from 2011 onwards. The Bar Council of India will notify dates for these examinations.
You can apply to take the All India Bar Examination only after you have enrolled as an advocate with a State Bar Council. Application forms and details of the application process will be made available on July 15.

I am entering my final year of law school in India. Will I compulsorily have to appear for the All India Bar Examination after I graduate in the academic year 2010-2011 in order to practice law in India?
Yes. The notification applies to students graduating from academic year 2009-10 onwards. All students graduating from academic year 2009-10 onwards have to appear for the All India Bar Examination in order to qualify to practice law in India.

I have a degree in law and am currently not practicing. In a few years, however, I intend to enrol myself as an advocate and practice law. Will I have to appear for the All India Bar Examination at such time?
No. The examination notification only applies to students graduating from academic year 2009-10 onwards. If your law degree was awarded prior to 2009-10, there is no requirement to appear for the All India Bar Examination in order to qualify to practice law in India.

I am an advocate enrolled with a State Bar Council in 2006 and am currently practicing before the district court. Will I be required to appear for the All India Bar Examination?
No. The examination notification only applies to students graduating from academic year 2009-10 onwards. If your law degree was awarded prior to academic year 2009-10, there is no need to appear for the All India Bar Examination in order to qualify to practice law in India.

I am currently working with a company as a legal officer and had enrolled as an advocate in 1998. My ability to practice law is currently suspended under Part VI of the Bar Council of India Rules, as I am a full-time salaried employee engaged by a corporation. If I wish to return to the practice of law, will I be required to appear for the All India Bar Examination?
No. The examination notification only applies to students graduating from academic year 2009-10 onwards, and not prior to that. For information on your suspension and returning to practice, please contact the State Bar Council with which you enrolled.

I graduated from an Indian law school in 2008 and am completing my Ll.M. overseas. I plan to come back to India and practice law. Will I have to appear for the All India Bar Examination?
No. The examination notification only applies to students graduating from the academic year 2009-10 onwards, and not prior to that. For information on enrolment as an advocate, please contact the State Bar Council you wish to enrol with.

I graduated from an Indian law school in 1995. I know that I do not need to appear for the All India Bar Examination to practice law in India, but can I appear for it anyway?
Yes, you can appear for the All India Bar Examination, but it will not have any impact on your right to practice law in India.


There is no minimum percentage that you need to get in your law school examinations for qualifying for the All India Bar Examination. Please note, however, that you may appear for the All India Bar Examination only if you have secured the minimum percentage for graduation and any other requirements for graduation prescribed by the University you are studying at. Enrolment with the respective State Bar Council is necessary to appear for the All India Bar Examination (and enrolment is possible only after passing the required courses in a law school, under the Bar Council of India Rules.)

If I fail my final year law examination at my law school, how soon can I appear for the All India Bar Examination?
As soon as you successfully complete all course requirements for all subjects and enrol with the State Bar Council, you will be eligible to take the All India Bar Examination. The examination will be conducted twice every year, in April and November. You can apply to appear for the first All India Bar Examination that has been scheduled for December 5, 2010 only if you have enrolled with a State Bar Council.

How do I apply to appear for the All India Bar Examination?
A detailed announcement of the application process will be made prior to commencement of the registration process for the All India Bar Examination on July 15. Application forms to appear for the All India Bar Examination will be available at the offices of all State Bar Councils.
The Bar Council of India is currently also considering the institution of an online method to apply to register for the All India Bar Examination.

How many times can I attempt the All India Bar Examination?
There is no limit to the number of times you can appear for the All India Bar Examination.
The All India Bar Examination will be scheduled twice every year from the 2011 calendar year, in April and November. The Bar Council of India will notify the final dates in advance of all subsequent examinations.

I am going to undertake the All India Bar Examination in December, 2010. In the event that I do not pass the All India Bar Examination in the first attempt, what options would I have?
The All India Bar Examination will be conducted on a bi-annual basis every year in April and November. In the event of not clearing the All India Bar Examination in the first attempt, you can appear for it the next time and clear it to obtain your Certificate of Practice. Do note that there are no limits on the number of attempts to clear the All India Bar Examination.

Do I have to wait till I undertake the All India Bar Council Examination to enroll?
No. In fact, you are required to enroll as an advocate with the respective State Bar Council in order to be eligible to apply for the All India Bar Examination.

I have submitted my application for enrolment with the applicable State Bar Council. If I don’t receive my enrolment certificate before 30th September, 2010 (last date of receipt of application forms for the All India Bar Examination) how do I undertake the All India Bar Examination?
The timetable for the first All India Bar Examination has been prepared after taking into account the time required to complete enrolment procedures. It is unlikely that a State Bar Council would not complete the enrolment formalities within the period stipulated for registration, which is over 90 days, coming to an end on 30th September 2010.
The Bar Council of India is also writing to all the State Bar Councils about the All India Bar Examination, requesting them to expedite processes so that sufficient time is available after the receipt of enrolment certificates.
If however, in any particular case, there is a grievance, please do not hesitate to contact us at barexam@barcouncilofindia.org.

Can I work with an advocate or a practicing law firm while preparing for the All India Bar Examination?
In order to practice law in India, any student graduating in law from Academic Year 2009 – 2010 onwards will be required to pass the All India Bar Examination. An advocate who has not passed the All India Bar Examination can assist an advocate or advocates practicing in a law firm while preparing for the All India Bar Examination.
Practically speaking, any law graduate who does not have practical experience at the bar will spend their formative years working under a senior or within a structured system at a law firm. The advocate can continue with such assistance and learning, but will not be allowed to actually practice law themselves (file a vakalatnama, issue opinions etc.) till they clear the All India Bar Examination.

Can I practice law in India post enrollment and prior to passing the All India Bar Examination?
No. You can work as a trainee advocate with an advocate or firm, but in order to practice law in India, you need to have passed the All India Bar Examination. This requirement is not unlike that in the United Kingdom, the United States of America and the Commonwealth, where the passing of the Legal Practice Course (LPC), the Bar Vocational Course (BVC, to be the Bar Professional Training Course from 2011) or the Bar Examination is a necessary step for moving from being a Trainee Solicitor, a Bar Pupil or an Articled Clerk to an advocate, attorney, solicitor or barrister.  (Unless you passed out from your college prior to 2009-2010.)

I am an Indian national and am graduating this year from a foreign university. I am thereafter keen to enrol as an advocate in India on the basis of this qualification. Will I be required to undertake the All India Bar Examination in order to practice the profession of law in India? Further, post-enrolment is it possible for me to undertake the QLTT, if I choose to practice in the U.K.?
If the degree of the foreign university is recognized in India (in accordance with the rules for Recognition of Degree in Law of a Foreign University laid down by the Bar Council of India and its Legal Education Committe) you will be entitled to practice the profession of law in India after you have cleared the All India Bar Examination.
Since you are required to clear the All India Bar Examination in order to practice law in India, you are advised to check with the concerned authority if they would permit you to undertake their testing mechanism post-enrolment but prior to being able to practice law in India.

I am graduating in 2010 and going abroad to commence my LLM from October 2010. I will not be able to take the All India Bar Examination in December, and when I return in 2011 to work in India, my seniority at the Bar will suffer as I am taking the examination a year later.
According to Section 17 of the Advocates Act, seniority is determined by the date of enrolment. Hence, if you enroll prior to going abroad, your seniority will take effect from that date, and not from the date of passing the All India Bar Examination. However, you will only be able to practice law in India once you pass the All India Bar Examination.

What if my final year law school examination results have not been declared and I am unable to submit all documents required for enrolment? Will I still be permitted to take the All India Bar Examination?
The timetable for the first All India Bar Examination has been prepared after taking into account the time that is required to complete enrolment procedures after final year law school examination results are declared.
The Bar Council of India is also writing to all the law schools about the All India Bar Examination, requesting them to expedite processes so that sufficient time is available after release of the law school examination results.
Once again, if there is a grievance, please do not hesitate to contact us at barexam@barcouncilofindia.org.

Do I get any benefits while applying for the All India Bar Examination since I belong to the SC/ST category?
No. There are no benefits available for advocates in the SC/ST category who are attempting the All India Bar Examination.


The All India Bar examination covers the same subjects as are prescribed by the Bar Council of India for the three-year and five-year Ll.B. programmes at law schools in India (as set out under Schedule I to the Bar Council of India Rules). These are all areas covered during a law student’s legal education.
Further, the emphasis in the All India Bar Examination is on reasoning and analysis and not the ability to memorize large portions of text and this will be tested using multiple choice questions.
The preparatory materials that will be sent to every advocate will serve as a guide in preparing for the All India Bar Examination and cover all the above areas so that advocates can also revise what they have learnt at the beginning of their law school career.

When will I receive the preparatory materials for the All India Bar Examination?
You will receive the preparatory material for the All India Bar Exam approximately two weeks after the Bar Council of India receives your application, subject to the despatch schedule beginning in August, 2010.
The preparatory materials will be despatched on a continuous basis in August, 2010.  Advocates whose completed application form is received towards the end of the application process window (July 15, 2010 to September 30, 2010) will receive their preparatory materials in the first week of October.
If you faced any difficulty receiving preparatory materials, please write to barexam@barcouncilofindia.org .

Where can I appear for the All India Bar Examination?
You can appear for the All India Bar Examination at notified examination centres across India. The list of cities where the examination will be held will be made available at the beginning of the application process on July 15, 2010.
After the closure of the application process, the final list of examination centres and advocates appearing for the All India Bar Examination in such centres will be notified on November 1, 2010.

What language will the examination be conducted in? Will I get the preparatory materials in the language I choose?
The All Indian Examination will be conducted in nine languages, and advocates can choose to take the examination in any one of these nine languages, which are: Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Oriya, and English. Advocates will receive the preparatory materials in the same language that they choose to attempt the All India Bar Examination in.

What materials can I take with me into examination centre for the All India Bar Examination?
Advocates who have registered for the All India Bar Examination may bring in any reading materials or study aids that they choose, such as the preparatory materials provided for the All India Bar Examination, textbooks and treatises, and even handwritten notes.
Advocates may not bring in any electronic devices, such as laptop computers, mobile phones, or any device equipped with a radio transceiver (such as pagers) to the examination centre.

What is the maximum time allowed for the All India Bar Examination? Can I leave the examination centre once I finish?
Advocates will be allowed a maximum of three hours and thirty minutes (3 hours 30 minutes) to complete the All India Bar Examination. An advocate can leave the examination hall once they have completed the paper for the All India Bar Examination.

What is the minimum percentage of marks required for clearing the All India Bar Examination?
The minimum required score to clear the All India Bar Examination is 40% (that is, 40 out of 100). Do note, however, that this issue is being finalised with the Expert Committee set up by the Bar Council of India. There is no negative marking in the All India Bar Examination.

Is there a separate cut-off in the All India Bar Examination for different subjects or sections?
Advocates need to get at least thirty-one (31) marks in the first section, comprising the ‘Category I’ subjects, and at least nine (9) marks in the second section, comprising the ‘Category II’ subjects. Do note, however, that this issue is being finalised with the Expert Committee set up by the Bar Council of India.

What things should I carry with myself when I appear for the All India Bar Examination?
You should carry dark pencils, the admit card for the examination, a valid photo-identity card, and any reading materials or study aids that you choose, such as the preparatory materials provided for the All India Bar Examination, textbooks and treatises, and even handwritten notes. Please note that a dark pencil should be carried so that the OMR answer sheet can be shaded correctly.
Advocates may not bring in any electronic devices, such as laptop computers, mobile phones, or any device equipped with a radio transceiver (such as pagers) to the examination centre.

What is an OMR sheet?
An OMR sheet is a machine-readable answer sheet, on which you can darken the appropriate bubbles on the sheet to indicate your answers to multiple-choice questions.


The image below depicts a section of a typical OMR answer sheet:
Bar Council of India - OMR sheet

What are multiple-choice questions?
Multiple-choice questions have more than one possible answer listed out, out of which only one is correct. The candidate has to identify the correct answer and darken the corresponding bubble on the OMR sheet to record the answer.
Example of a multiple-choice question (note that this is not representative of the content of actual questions in the All India Bar Examination):
Q. Who is the current President of India?
a. Mr. Manmohan Singh
b. Mrs. Pratibha Patil
c. Dr. A.P.J. Abdul Kalam
d. Mr. R. Venkataraman
e. None of the above
Ans. (b) Mrs. Pratibha Patil

Am I allowed to take the question paper back with me?
Yes. After the advocate has submitted the OMR answer sheet to the examiner, the advocate will be allowed to keep the question paper and carry it out of the examination centre.

Will I get a percentage/percentile/ranking score as the result of my attempt in the All India Bar Examination?
No. The Bar Council will not release any percentage/percentile/ranking score for any advocate. Advocates attempting the All India Bar Examination would merely pass or fail the same. The Bar Council of India will notify the list of advocates who have successfully passed the All India Bar Examination.

How much is the fee and how do I pay the fees for the All India Bar Examination?
The fee to appear for the All India Bar Examination is Rs.1,300/- (Rupees One thousand Three hundred only). This amount should be paid to the Bar Council of India by means of a demand draft. Further details of the payment method will be made available before the application process for the All India Bar Examination commences on July 15, 2010. The Bar Council of India is currently evaluating an online registration process as well.

Does it make a difference which language I choose for attempting the All India Bar Examination?
No, your preferred language will not affect your score in any way.

What are the areas that the All India Bar Examination will test? What laws do they cover?
Advocates will be required to answer questions from twenty subjects. The subjects are chosen from amongst the syllabi prescribed by the Bar Council of India for the three-year and five-year Ll.B. programmes at law schools in India (as set out under Schedule I to the Bar Council of India Rules). In choosing subjects, regard has also been had to the subjects tested in bar examinations at various jurisdictions across the world.
These subjects are divided into two categories (I and II).The Examination paper will comprise at least seven (7) questions from each ‘Category I’ subject.
The paper will also have twenty-three (23) questions from the ‘Category II’ subjects as a whole, and these twenty-three questions will include questions from at least five (5) Category II subjects.
Category I subjects will be tested in Part I of the question paper, and Category II subjects will be tested in Part II of the question paper.
The Category I and Category II subjects are set out below:


Serial Number

Category / Subject

Number of Questions

 

Category I (Part I of the Paper)

 

1

Alternative Dispute Resolution

7

2

Civil Procedure Code and Limitation Act

7

3

Constitutional Law

7

4

Contract Law, including Specific Relief, Special Contracts, and Negotiable Instruments

7

5

Criminal Law I: The Indian Penal Code

7

6

Criminal Procedure

7

7

Drafting, Pleading, and Conveyancing

7

8

Evidence

7

9

Jurisprudence

7

10

Professional Ethics and the Professional Code of Conduct for Advocates

7

11

Property Law

7

 

Category II (Part II of the Paper)

 

12

Administrative Law

23 questions in all, and these questions will include questions from at least 5 subjects in Category II

13

Company Law

14

Environmental Law

15

Family Law

16

Human Rights Law

17

Labour and Industrial Law

18

Law of Tort, including Motor Vehicle Accidents, and Consumer Protection Law

19

Principles of Taxation Law

20

Public International Law

 

What if I apply for the All India Bar Examination but am unable to appear for it at the last minute on account of an emergency or special reasons?
The All India Bar Examination will be conducted twice every year in April and November, and you can appear for it again at your convenience.

What if even after clearing the All India Bar Examination, I do not receive my Certificate of Practice? Can I appear in the courts on the basis of my declared result?
You will receive your Certificate of Practice soon after the declaration of results of the All India Bar Examination, but in the interim period you can practice on the basis of the declared result.

Is there any revaluation method or can I apply for re-evaluation of my answer sheet if I am unhappy with my result for the All India Bar Examination?
There would be no provision for re-evaluation. The All India Bar Examination is implemented and evaluated using OMR technology. As the answers are machine-read and evaluated automatically, there is no revaluation or recounting methodology.

During what timings and on what days are the applications for the All India Bar Examination available? Where would these application forms be available?
You will find this information on www.barcouncilofindia.org before the application process commences on July 15, 2010. The application form would be available with all the State Bar Councils.

Does failure in the All India Bar Examination hamper my scope for higher legal studies?
The All India Bar Examination is an entry-level examination only for being able to practice law in India. The institution you are applying to for higher studies would best assess any effect of the result in the All India Bar Examination on your higher legal studies.

Are there any recommended books to study for success in the All India Bar Examination?
The All India Bar Examination will only test you on subjects you have already studied as a law student. The Bar Council of India will provide assistance in the form of comprehensive preparatory materials that will be sent to you once you apply to appear for the examination (no separate payment would have to be made for these preparatory materials).

Does the score in All India Bar Examination affect my career as a practicing advocate? Will it affect my ability to be a Senior Counsel in practice?
Passing the All India Bar Examination is a necessary condition for the practice of law in India for advocates who have graduated from academic year 2009-10 onwards. The All India Bar Examination is only an entry-level examination – your career as an advocate would only be affected to the extent that you are required to successfully clear the All India Bar Examination in order to practice law in India.

I want to enter the Judicial Services. Is it mandatory for me to clear the All India Bar Examination?
Clearing the All India Bar Examination is not a pre-requisite for entering judicial service. Further, separate examinations are prescribed for entry to the judicial services in India and you should obtain further details in this regard. Do note, however, that if eligibility to practice law or experience as an advocate are necessary prerequisites for qualification to the judiciary, you may have to successfully clear the All India Bar Examination if you have graduated from the academic year 2009-2010 onwards.

Do we get any further assistance other than the preparatory materials sent to us?
To further assist you in preparation, BCI will provide you with a series of model question papers that will be uploaded on www.barcouncilofindia.org on August 16, 2010.

What is the difficulty level set for the questions in the All India Bar Examination?
The All India Bar Examination is an entry-level, qualifying exam that will assess whether you possess minimum competence and skill to provide legal services and practice law in India. The difficulty level will only be to that extent.

How many questions are there to answer in the All India Bar Examination? What is the basis for scoring marks?
There will be 100 multiple-choice questions. The Expert Committee for the All India Bar Examination will review the methodology and the manner of testing and the same will be incorporated in the model test papers and preparatory materials available from August 16, 2010 onwards.

Are there any grounds for denial of entry into the Exam Hall of the All India Bar Examination?
Detailed rules for the conduct of the All India Bar Examination will be notified before the actual date of the All India Bar Examination.

Can I get a refund for the fees paid for the All India Bar Examination if I have registered for the same but am unable to appear for it?
There is no provision for refund of the application fee.

How will I know if my application for the All India Bar Examination has been accepted? What documents will I have to submit along with my application form?
Once your application has been vetted and found to be in order, the Bar Council of India will send you the admit card and preparatory material. Your admit card will also act as valid confirmation of your application being accepted. You are requested to follow the detailed instructions on the application form with respect to the documents that need to be submitted along with the application form.

Am I allowed to practice in other states if the language I prefer for the All India Bar Examination is not the official language of such a state?
The language you appear for the examination in has no bearing on your ability to practice.

If I come across any problem or any issue on the All India Bar Examination, who do I contact?
Please contact us at barexam@barcouncilofindia.org

I graduated in 1999 but I am yet to enrol with any State Bar Council. Do I need to take the All India Bar Examination in order to practice law in India?
Only students graduating from academic year 2009-10 onwards need to clear the All India Bar Examination and get a certificate of practice in order to practice law in India. If you have graduated prior to academic year 2009-10, but have not enrolled with a State Bar Council, you only need to enrol with a State Bar Council to practice law in India. You do not need to pass the All India Bar Examination or receive a certificate of practice.

 

 
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