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

Justice Khanna: When a specific power to make a rule has been given to the SBCs, will the principle of exclusion not apply?

Counsel, referring to S 48(b): I have been given the power of superintendence. 

Another counsel appearing for BCI begins his submissions.

Justice Khanna: After the rules are made, can the BCI force them to change the rules?

Counsel: U/s 48(b), BCI can prescribe. 

Mishra concludes his short submission after distinguishing between a person who is entitled to be enrolled and a person who has the right to practice.

Mishra outlines the powers of the State Bar Councils.

Mishra: S 49 specifically gives the power to the BCI. S 24 is clear. "Subject to the provisions of this Act and the rules made thereunder". This is a SIMPLE qualification. 

BCI Chairman and Senior Advocate Manan Kr Mishra begins his submissions.

Vishwanathan: Satish Kumar Sharma's case recognises the overarching power of BCI. Also relevant is Pratap Chandra Mehta.

Vishwanathan concludes.

Vishwanathan: This part of Indian Council is also wrong insofar as they held that there may not be pre-enrolment or post-enrolment exam.

"By the impugned rule, the entry of those who have completed 45 years is sought to be barred. The rule clearly operates, at the pre-enrolment stage and cannot, therefore, receive the shelter of S 49(1)(ah)" Vishwanathan continues reading out.

Vishwanathan: Kindly see how Sudeer relied on it..

Vishwanathan highlights an excerpt from Sudeer, "However, the question is whether Section 49(1)(ah) confers such a power on the BCI...It was answered against the respondent Bar Council of India in Indian Council."

"The conditions which can be prescribed must apply at the post-enrolment stage since they are expected to relate to the right to practise," Vishwanathan quotes from Indian Council.

Vishwanathan refers to Indian Council Of Legal Aid Advice v Bar Council Of India (ceiling of 45 yrs for enrolment was struck down by SC).

Vishwanathan: Sudeer has relied on this.