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

Justice Kaul: You must be able to do justice to your clients and assist the Court. That is why the benchmark is there. This is not the #UPSC exam.

Justice Kaul: Ultimately that is the objective. Not to disqualify lawyers.

Vishwanathan refers to S 30 read w the definition of an advocate.

Vishwanathan: This advocate in 49(1)(ah) rw S 2(a) and S 30 may also be an advocate who has been provisionally inducted. This takes care of the S 30 problem.

Justice Kaul: Under the overreaching powers that you claim BCI has, when will the exams be taken? On a lighter note, I don't think we should give you so much power, Mr Mishra.

Justice Kaul: What we are concerned w is that there should be an exam, sufficient quality should be maintained, and all consequences emanating from pre-enrolment exams are looked at. 

Justice Kaul: For practical purposes, we need to take ourselves out of Sudeer and make it workable.

Justice Kaul: We understand the constitutionality of it. But you should not dismantle a system that is working. Fine-tune maybe...

Vishwanathan: We could have exams in fifth year.

Justice Kaul: There are so many law colleges, probably the whole of Europe does not have as many law schools as there are in India.

Vishwanathan reads out the eligibility for enrolment.

Justice Kaul: There is no mention of a provisional enrolment?

Vishwanathan: No.

Mishra: The question here is to determine the competence of BCI to take exams.

Justice Kaul: Your argument is that you are free to hold pre or post-enrolment exams as you deem fit.

Justice Kaul: The problem that will arise is that diff unis come up w their results at diff times. The students may or may not be able to complete formalities.

Vishwanathan: There should be exams twice a year.

Justice Kaul: Now law grads are entitled to take jobs in law firms, join as law clerks. But under the pre-enrolment framework, how does one do it?

Vishwanathan: Students will be placed while in colleges as they now are.

Justice Kaul: Will there be emoluments before enrolment?

Justice Khanna: Also the students getting placed from top law schools are 10% of the total no of law grads.

Justice Khanna: The only difficulty is the withdrawal of Clause (d) of S 24(1).

Vishwanathan: That does not affect the powers of the BCI u/s 49(1)(ag).