In a significant development that could change the trajectory of legal education in India, the Bar Council of India (BCI) has proposed new rules to the Supreme Court, suggesting that final-year law students may soon be allowed to appear for the All-India Bar Examination (AIBE) before their graduation. This announcement came during a hearing involving a petition filed by nine final-year students from Delhi University, who challenged the BCI’s recent notification.
The Supreme Court’s bench, led by Chief Justice DY Chandrachud along with Justices JB Pardiwala and Manoj Misra, highlighted the need for clarity on the issue. “We expect the Bar Council of India to provide updates on the notification of these rules by next week,” stated the Chief Justice during the proceedings on Friday.
The petitioners argue that the BCI’s decision to bar them from sitting for the AIBE before graduation conflicts with a prior Constitution Bench judgment. This earlier decision suggested that students in their final semester should be eligible to take the AIBE, a mandatory requirement for practicing law in India. An October 2023 ruling by the Telangana High Court also prompted the BCI to reconsider its stance, following observations by the Constitution Bench.
The crux of the petitioners’ argument is that the BCI’s current policy unfairly discriminates between students based on the timing of their university’s result announcements. This, they claim, unjustly delays their entry into the professional world.
Advocate A Velan, representing the petitioners, emphasized the urgency of the matter, noting that the upcoming AIBE scheduled for November 24 represents a critical juncture for these students’ future careers. The petition seeks not only to overturn the BCI’s controversial notification but also to secure permission for the affected students to take the upcoming examination.
The discussion on this topic was enriched by the historical context provided by then Amicus Curiae KV Viswanathan, now a judge at the Supreme Court, who had previously suggested that final year students be permitted to take the Bar exam.
