In a significant move, the Supreme Court on Friday called upon the Bar Council of India (BCI) to explain its recent decision prohibiting final-year law students from sitting for the All India Bar Examination (AIBE). The apex court’s bench, led by Chief Justice DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, is deliberating on a contentious notification issued by the BCI.
This recent policy has sparked widespread debate and led to a legal challenge by nine final-year students from the 3-year LL.B program at Delhi University’s Campus Law Centre and Law Centre. The students argue that the BCI’s notification unjustly prevents them from taking the upcoming AIBE-XIX scheduled for November 24, 2024, potentially delaying their entry into the legal profession.
The crux of the matter lies in the BCI’s decision, which goes against a precedent set by the Supreme Court itself in Bar Council of India v. Bonnie FOI Law College. In this landmark ruling, the Court had permitted final semester law students to appear for the AIBE, conditional upon their subsequent graduation. Furthermore, the Court had directed the BCI to conduct the examination biannually, ensuring greater accessibility for aspiring lawyers.
The petitioners have labeled the BCI’s notification as “arbitrary” and “unreasonable,” pointing out that it fails to account for the varying schedules of universities in announcing results. This inconsistency, they argue, places undue hardship on those whose results are delayed, consequently stalling their professional progress.
The petitioners are seeking a trio of reliefs from the court: the annulment of the BCI’s controversial notification, permission for final semester students to participate in the forthcoming AIBE, and an interim stay on the notification until the matter is resolved.
During the hearing, the Supreme Court has asked the BCI’s counsel to clarify the rationale behind the exclusion of final-year students and to respond with a detailed justification by next week.
Arguing Counsels:A.Velan and Navpreet Kaur
