The Bar Council of India (BCI) recently informed the Supreme Court that it is in the process of drafting rules to potentially allow final year law students to sit for the All-India Bar Examination (AIBE). This update was provided during a hearing before a Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra.
The court remarked that more clarity would emerge once the BCI completes the rule-making process. "Let the Bar Council of India revert to us next week with information on when the rules will be notified," the Bench observed.
The Bench was addressing a petition filed by nine final-year law students from Delhi University. The petition challenges a recent BCI notification that prevents them from appearing for the AIBE before completing their law degree. Passing the AIBE is a prerequisite for practicing law in Indian courts.
The petitioners argued that the BCI's stance contradicts a previous Constitution Bench ruling, which held that students in their final semester of law school could be permitted to take the AIBE. Additionally, the petitioners pointed to an October 2023 Telangana High Court decision, which had urged the BCI to reconsider its position in light of the Constitution Bench’s judgment.
The students further argued that the current system creates an unjust distinction between students whose universities have declared results and those whose have not, potentially delaying their entry into the legal profession. They sought the quashing of the BCI notification and requested permission to appear for the upcoming AIBE, scheduled for November 24, to avoid losing valuable time in starting their careers.
The petition was filed through Advocate A Velan.
Interestingly, the idea of allowing final-year law students to take the Bar exam was first proposed by former Amicus Curiae KV Viswanathan, now a judge of the Supreme Court. During the hearing, counsel for the BCI stated that Viswanathan’s suggestion is currently under consideration.