Bar Council of India (BCI) Considering Allowing Final-Year Law Students to Write AIBE: Supreme Court Told

In a significant development, the Bar Council of India (BCI) recently informed the Supreme Court that it is drafting rules to permit final-year law students to write the All-India Bar Examination (AIBE) before graduation. 

This announcement came in response to a petition filed by nine Delhi University final-year law students challenging the BCI’s recent notification barring them from writing the AIBE prior to completing their degree. A Bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra heard the case and stated that once the rules are framed, there will be more clarity on the matter. The Bench asked the BCI to provide updates on when the rules will be notified in this case. The petitioners argued that the BCI’s decision is contrary to a Constitution Bench judgment holding that students who are eligible to pursue the final semester of law school could be allowed to take the AIBE, subject to clearing their law degree. They also highlighted an October 2023 Telangana High Court ruling that had asked the BCI to decide on the issue in light of the Constitution Bench’s observations. The petitioners contend that the current scheme creates an arbitrary classification between students whose universities have declared results and those whose have not, leading to the loss of valuable time in pursuing their professional careers. They sought the quashing of the notification in question and a direction to allow them to write the upcoming AIBE scheduled for November 24, 2024. The petition was filed through Advocate A Velan. Notably, the suggestion to the Constitution Bench to consider allowing final-year law students to take the Bar exam was given by then Amicus Curiae KV Viswanathan (now a Supreme Court judge). The Supreme Court has sought the BCI’s response to the plea and fixed the matter for a hearing next week.

Background and Significance

The All-India Bar Examination (AIBE) is a mandatory test conducted by the Bar Council of India for law graduates seeking to enroll as advocates with state bar councils. The BCI had previously framed rules under Section 49 of the Advocates Act, 1961, making the AIBE compulsory for all law students graduating from the academic year 2009-2010 onwards. In 2009, the Supreme Court, in the case of Bar Council of India v. Bonnie FOI Law College, expressed concern over the diminishing standards of professional legal education in India. The Court had sought a report from the BCI on issues related to the affiliation and recognition of law colleges, faculty quality, and infrastructure. The BCI’s decision to allow final-year law students to write the AIBE before graduation if implemented, could have far-reaching implications for the legal education system in India. It could provide students with an opportunity to start their professional careers earlier, potentially reducing the time lag between completing their law degree and enrolling as advocates. However, the move also raises questions about the quality of legal education and the preparedness of students to take on the responsibilities of legal practice. The BCI will need to carefully balance the interests of students with the need to maintain high standards of legal education and practice.

Conclusion

The Supreme Court’s decision to seek the BCI’s response to the plea filed by Delhi University law students highlights the ongoing debate surrounding the eligibility criteria for the All-India Bar Examination. The BCI’s proposal to draft rules allowing final-year students to write the AIBE could potentially revolutionize the legal education landscape in India, provided that it is implemented in a manner that ensures the quality of legal professionals entering the field. As the case progresses, it will be crucial for the BCI and the Supreme Court to consider the various stakeholders’ perspectives and strike a balance between the aspirations of law students and the need to maintain high standards of legal education and practice in the country.

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