AIBE : Supreme Court Seeks BCI's Response On Plea To Allow Final Year Law Students To Appear In All India Bar Exam

The Supreme Court on Friday (September 13) sought the response of the Bar Council of India (BCI) on a petition challenging the BCI's decision to prevent final-year law students from appearing in the All India Bar Examination (AIBE).

The Bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was hearing a writ petition challenging the recent notification of Bar Council of India (BCI) regarding eligibility for the All-India Bar Examination (AIBE) which prohibits final year (final semester) law students from registering for and appearing in the upcoming AIBE-XIX scheduled for November 24, 2024. 

The Bench asked the BCI's counsel to get instructions from the BCI and respond next week.

The plea is filed 9 final year law students of the 3-year LL.B program at Delhi University's Campus Law Centre and Law Centre. 

The petitioners contend that the impugned notification is contrary to the decision of the Top Court in Bar Council of India v. Bonnie FOI Law College where a Constitution Bench observed that the final semester students be allowed to sit for the AIBE (subject to clearing their law degree). It further directed BCI to conduct the exam twice a year. 

In their plea, the petitioners argue that the notification bars them from appearing in the upcoming AIBE which leads to the loss of their valuable time in pursuing their professional careers. The notification is arbitrary and unreasonable as it overlooks the different schedules of universities is declaring their results and adversely impacts those students whose results declaration is delayed. 

The main reliefs sought by the petitioner include: (1) quashing of the BCI notification; (2) direction to allow final semester students to appear in the upcoming exam and (3) interim stay on the impugned notification.  

Advocates  A.Velan and Navpreet Kaur appeared for the petitioners.

Case Details: Nilay Rai & Ors V Bar Council of India| W.P.(C)No 577 of 2024