AIBE-Validity Of All India Bar Examination- Supreme Court Constitution Bench Reserves Judgment- LIVE UPDATES

Justice Kaul: What do you want?

Counsel: I have a problem w post-enrolment exam.

Counsel: The role of the Courts is to construct and not to destruct.

Justice Kaul: We have been constructing and de-constructing for a long time.

Counsel concurring: This is an Article 14 challenge.

Justice Kaul: From what I understand, your grievance is that someone who has not enrolled before the intro of the exam, will not be required to take the exam. Only if you have enrolled in the period specified will you be required to take the exam.

Counsel refers to the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.

Justice Kaul: A person after graduating starts doing something else. If he comes at 50-55 years of age, is he required to take the exam?

Mishra clarifies: The rule is prospective.

Justice Khanna: Read the rule carefully. Will the main portion not stand independent, apart from the clarificatory portion?

Counsel: If a person who has graduated before the introduction of bar exam, is applying for enrolment, they will not have to take the exam.

Justice Kaul: The exam needed to be introduced at some point.  

The technical glitch has been resolved.

Counsel: I will refer to one particular rule u/Chap III, i.e., Rule 9 this is what I am challenging as unconstitutional.

Counsel for one of the petitioners is seen arguing, but there is no audio.