BCI to Draft Rules for Final-Year Law Students to Take All-India Bar Examination

BCI to Draft Rules for Final-Year Law Students to Take All-India Bar Examination

The Bar Council of India (BCI) recently informed the Supreme Court that it is in the process of formulating regulations to permit final-year law students to take the All-India Bar Examination (AIBE).

A Bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, stated on Friday that once the rules are finalized, greater clarity on the issue will be achieved.

"Let Bar Council of India come back to us next week on when rules will be notified in this case," it said.

The Bench, which included Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, was addressing a petition from nine final-year law students of Delhi University. The petitioners challenged the Bar Council of India's (BCI) recent notification that barred them from taking the All-India Bar Examination (AIBE) before graduation, a requirement for practicing law in Indian courts.

The students argued that the BCI's decision contradicts a Constitution Bench judgment, which allows students eligible for their final semester to sit for the AIBE. They also pointed to an October 2023 Telangana High Court ruling, which had directed the BCI to reconsider the issue in light of the Constitution Bench's observations.

The petitioners contended that the current system creates an arbitrary distinction between students based on whether their universities have declared results. They requested the quashing of the BCI notification and a directive allowing them to take the exam, scheduled for November 24, to avoid delays in their professional careers.

The petition was filed through Advocate A Velan. Notably, the suggestion to permit final-year law students to take the Bar exam was initially made by then Amicus Curiae KV Viswanathan, who is now a Supreme Court judge. During the hearing, BCI's counsel indicated that the Amicus' suggestions are under consideration.

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