New Delhi: In a significant development that comes as a major relief to thousands of aspiring lawyers across the country, the Bar Council of India (BCI) informed the Supreme Court on Tuesday that it has framed new rules permitting final semester law students to appear for the All India Bar Examination (AIBE). Additionally, the regulatory body assured the Top Court that the qualifying examination will henceforth be conducted twice a year, departing from the previous annual schedule.
New Rules and Increased Frequency
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta was hearing a writ petition seeking the Court’s intervention regarding the eligibility criteria for the AIBE. During the proceedings, the Counsel appearing for the BCI submitted that the regulatory body has framed the necessary rules to address the students’ grievances.
The BCI Counsel stated, “This is the case where (it was sought that) last semester students should be allowed to sit for the AIBE. We have framed the rules. The prayers have been taken care of. The AIBE will be conducted at least twice a year and the last semester students will be allowed to sit for AIBE, subject to them clearing the final (semester) exam.”
The Court recorded this submission, noting in its order that the purpose of the writ petition had been served as the “BCI has already framed AIBE rules 2026.” Consequently, the bench disposed of the plea.
Crucial Condition for Eligibility
While the new rules open the door for students still in their final semester to take the exam, the BCI clarified that their qualification is conditional. The permission to sit for the AIBE is subject to the students successfully clearing their final semester law examinations. This move is expected to save valuable time for law graduates, allowing them to enrol as advocates and commence their practice immediately after graduation, rather than waiting for the next exam cycle.
Background of the Dispute
The issue reached the Apex Court through a petition filed by nine final-year law students from Delhi University. Represented by Advocate A. Velan, the petitioners challenged a previous BCI notification that barred students from writing the AIBE before their actual graduation.
The petitioners argued that the restriction created an “arbitrary classification” between students based merely on the administrative schedules of their respective universities. They contended that students from universities that declared results late were unfairly disadvantaged compared to those from institutions with earlier schedules.
The plea highlighted that the BCI’s earlier decision ran contrary to the observations of a Constitution Bench, which had held that eligible final-semester students could be allowed to take the Bar exam. Notably, this suggestion to the Constitution Bench was originally made by the then Amicus Curiae, KV Viswanathan, who is now a sitting judge of the Supreme Court.
The petitioners also relied on an October 2023 ruling by the Telangana High Court, which had directed the BCI to make a decision on this issue in light of the Constitution Bench’s observations.
Previous Developments
The Supreme Court had been actively monitoring the issue. In a hearing conducted in September 2024, the BCI had indicated that the process of framing rules was underway. In the same month, the Court had directed the BCI to allow final-year students to register for the AIBE XIX, which was scheduled for November of that year.
With the formal framing of the rules and the commitment to hold the exam biannually, the legal impediments regarding the timing of the exam for graduating students have been effectively resolved.
