Blitz Bureau
THE Bar Council of India (BCI) has told the Supreme Court that it was framing rules on allowing final year law students to write the All-India Bar Examination (AIBE).
A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra said September 13 that once the rules are framed, there will be more clarity in the matter, according to Bar and Bench.
“Let Bar Council of India come back to us next week on when rules will be notified in this case,” it said. The Bench was hearing a petition filed by nine Delhi University final year law students challenging the BCI’s recent notification barring them from writing the AIBE before graduation. Clearing the AIBE is mandatory to practice in Indian courts.
The petitioners contended that the BCI’s decision is contrary to a Constitution Bench judgment holding that students who are eligible to pursue the final semester of law school could be allowed to take the AIBE.
They also highlighted an October 2023 Telangana High Court ruling that had asked the BCI to decide on the issue in light of the Constitution Bench’s observations. It is argued that the current scheme of things creates an arbitrary classification between students whose universities have declared results and those whose have not.
Thus, they sought quashing of the notification in question, along with a direction to be allowed to write the exam, scheduled for November 24, so that they do not lose valuable time in pursuing their professional careers. Notably, 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).
Counsel for the BCI in the hearing had said that the Amicus’ suggestions are under consideration.
