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

Justice Kaul: Fourth, the fee structure is different in different places. How will there be uniformity? This is a public aspect.

Justice Kaul: Second, what are the prerequisites for applying for the pre-enrolment exam? What documents are needed?

Justice Kaul: Third, in the interregnum period between the exam and enrolment, will the students be unemployed? Can any role be assigned to them?

Justice Kaul: There are some issues. What will be the date of seniority under the structure of pre-enrolment exams?

Justice Kaul: Hundreds of people will enrol on the same day if it happens subject to passing of the pre-enrolment exam. How will it work out?

Vishwanathan refers to Satish Kumar Sharma v The Bar Council Of Himachal Pradesh.

Justice Khanna: Why are you not talking about S 49(1)(ah)?

Vishwanathan refers to S 7(1)(m) which empowers BCI "to do all other things necessary for discharging the aforesaid functions."

Vishwanathan: Additional statutory functions can be culled out from S 24(1) itself to lay down prerequisites for being entitled to practice.

Vishwanathan: Advocates Act, 1961 draws its powers from E 26, List III, but also from Ee 77 & 78, List I.

Vishwanathan: It is an enabling power, if the BCI says the extant syllabus is enough, we don't want to hold the exam, that's fine. Similarly, they are also competent to hold the exam if the need is felt.

Vishwanathan: The 1973 amendment did not touch the BCI's general power of supervision and control.

Vishwanathan, citing S 7(1)(g): It is a structure where the BCI is at the apex and the SBCs are below it. In that context, and the power of supervision and control of BCI, it has to be given a primordial role.

Vishwanathan: To say that deletion of S 24(1)(d) affects the power given in S 49(1)(ag), is going against the scheme.

Vishwanathan: However, S 7(1)(l) read w S 49 squarely encompasses the power to conduct this exam.

Justice Khanna: S 49 does not prescribe functions of BCI by itself. It describes the rule-making power. Is that correct or not? The ques is does S 7 set out the function, or does S 49?

Vishwanathan: S 7 sets out the functions.