During the hearing of the issue related to whether the All India Bar Exam (AIBE) shall be there or not, the Constitution Bench headed by Justice SK Kaul made observations in the line that the Bar Examination as conducted by the Bar Council of India shall be of such level that it levels the ratio of demand and supply. The Bench remarked that there should be an exam that precludes the lawyers from coming into the system if they are not needed. 

Justice Kaul observed that "There has never been a study on how many lawyers the country needs. Many lawyers are out of work. Looking at the pendency, what is the optimal strength? If the work is done reasonably, how many lawyers do we need to assist the system. That should be studied. The exam should be fine-tuned on the basis of our needs in India. All other exams have negative marking so that someone does not get marks on a fluke. In the legal profession, is it needed to have such a lenient exam? This study will help fine-tune the exam."

Then turning to the issue of the poor condition of new lawyers coming into the profession, the bench observed that "Even if there is a constitutional interpretation, this problem will persist if we don't address this issue. Even if BCI helps the students be placed, the payment of the stipend is an issue. If we stretch ourselves, in construing that the power to frame such a rule exists, the implementation itself will become a problem. If the suggestion is to have compulsory training, then the issue of paying the stipend becomes a real problem."

Case Details:-

SLP(C) No. 22337/2008

Bar Council of India v. Bonnie Foi Law College & Ors.