"Supreme Court Orders BCI to Allow Final-Year Law Students for AIBE Registration"

The Supreme Court, on Friday, directed the Bar Council of India (BCI) to permit final-year law students to register for the upcoming All India Bar Examination (AIBE) XIX, scheduled for November. This interim order was issued while hearing a petition that challenged the BCI's decision to exclude final-year students from the exam. The petitioners argued that the BCI’s stance contradicted the Constitution Bench’s ruling in Bar Council of India v. Bonnie Foi Law College & Ors, which allows final-year law students to appear for the AIBE. A bench comprising Chief Justice of India (CJI) DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, issued the direction after the BCI informed the court that it would take four to six weeks to finalize the rules allowing such students to sit for the AIBE. Given that the AIBE is set for November 25 and the last registration date is October 25, the court determined it would be unfair not to provide relief to students eligible under the Constitution Bench's decision. The court, therefore, directed the BCI to allow registration for students covered under paragraph 48 of Justice SK Kaul's judgment. The court was mindful that without this direction, many students awaiting exam results from state universities would be left in limbo. 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 pointed to an October 2023 Telangana High Court ruling instructing the BCI to consider the Constitution Bench's observations. During the hearing, CJI Chandrachud reiterated that the Constitution Bench judgment allowed final-year students to take the AIBE and that the BCI needed to comply. The court scheduled the next hearing for October, ahead of the November exam date. The BCI assured the court that it would adhere to the Constitution Bench’s ruling, though it noted that the decision was pending a final determination by the BCI. Petitioners' counsel argued that the BCI’s delays amounted to "policy paralysis," which should not impede the rights of students. In response to CJI Chandrachud’s inquiry about the delay, the BCI stated it was awaiting the court's ruling on the enrolment fee issue. The Supreme Court then directed the BCI to allow final-year students to register for the AIBE. Notably, the suggestion to permit final-year students to sit for the exam had been put forth by then-Amicus Curiae KV Viswanathan (now a Supreme Court judge). In its 2023 judgment, the court had accepted this suggestion, ruling that students eligible to pursue the final semester of law, upon providing proof, could take the AIBE. The court also noted that the results of the AIBE would only be valid for students who eventually passed all components of their university's law program within a specified timeframe. Case: Nilay Rai & Ors V Bar Council of India W.P.(C)No 577 of 2024 www.legalmeet.in