The Bar Council of India (BCI) has informed the Supreme Court that it was formulating guidelines on permitting final-year law students to appear for the All India Bar Examination (AIBE).
The Bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra on Friday observed that it would consider the matter next week after the BCI notified the rules, since this would bring more clarity in the matter.
The Apex Court made the observations while hearing a petition filed by nine final-year law students of Delhi University challenging the BCI’s recent notification barring them from writing the AIBE before graduation.
Noting that clearing of the AIBE was mandatory to practice in Indian courts, the petitioners contended that the BCI’s decision was contrary to a Constitution Bench judgment, which ruled that students eligible to pursue the final semester of law school could be permitted to take the up AIBE.
The petitioners further highlighted the Telangana High Court order of October 2023, which directed the BCI to decide on the issue in light of the Constitution Bench’s observations.
The current scheme of things created an arbitrary classification between the students whose universities have declared results and those whose have not, noted the plea.
Filed through Advocate A Velan, the petition sought quashing of the notification in question, along with permission for the students to write the exam, scheduled for November 24, so that they did not lose valuable time in pursuing their professional careers.
The suggestion to the Constitution Bench to consider allowing final year law students to take the Bar exam was given by then Amicus Curiae KV Viswanathan (now a Supreme Court judge).
The Counsel representing the BCI had said that the Amicus’ suggestions were under consideration.
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