In a significant decision on Friday, the Supreme Court of India mandated the Bar Council of India (BCI) to permit final year law students to register for the upcoming All India Bar Examination (AIBE) XIX, set for November. This ruling was delivered during the case of Nilay Rai v. Bar Council of India and ors.
A panel comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra responded after the BCI indicated that new rules accommodating this change would take four to six weeks to finalize. The urgency of the court’s directive reflects its concern with BCI’s slow pace in updating its regulations, as noted by CJI Chandrachud’s remark on the council taking its “sweet time.”
The Court highlighted that with AIBE scheduled for November 25 and the application deadline on October 25, it would be unfair to deny registration to students who are eligible under last year’s Constitution Bench judgment. The Court has thus ordered that “all students who fall within para 48 of the Constitution Bench judgment by Justice (SK) Kaul” be allowed to register for the exam to prevent any disadvantage due to administrative delays.
The case originated from a petition by nine Delhi University law students against a recent BCI notification which precluded them from taking the AIBE prior to graduation. The petitioners argued that this was contrary to a Supreme Court Constitution Bench ruling that students in their final semester should be eligible for the AIBE.
The Court also referenced an October 2023 Telangana High Court decision urging the BCI to adhere to the Supreme Court’s guidelines. Furthermore, counsel for the BCI assured compliance with the Constitution Bench’s decisions during the proceedings.
This matter will be revisited in October, ahead of the November exams. The Supreme Court reiterated the BCI’s obligation to align with the judicial precedent, emphasizing the importance of this accessibility to final-year students.
The ruling also touched upon the recommendations made by then Amicus Curiae KV Viswanathan (now a Supreme Court judge), supporting the eligibility of final semester students for the AIBE based on their academic standing, contingent upon their completion of all necessary qualifications as stipulated by their universities.
Arguing Counsels- A.Velan and Navpreet Kaur
