Jahanvi Agarwal
On 20th September 2024, the Supreme Court of India granted a significant relief to law students by allowing final-year law students to sit for the All India Bar Examination (AIBE), which is scheduled for November 24, 2024. This interim order was issued in response to a petition filed by final-year LL.B. students from the Campus Law Centre and Law Centre-I at the Faculty of Law, University of Delhi, who challenged the prohibition on final-year students from taking the AIBE. The petition argued that this restriction violated the Supreme Court’s Constitution Bench decision in Bar Council of India v. Bonnie Foi Law College (Civil Appeal No. 969/2023).
The Court has now directed the Bar Council of India (BCI) to provide its response, after being informed that the BCI was in the process of framing new rules, requesting four to six weeks to finalize them. Chief Justice DY Chandrachud, visibly displeased with the delay, questioned, “This judgment was delivered in February 2023, what was the BCI doing?”
While issuing the interim order permitting final-year students to appear for the AIBE, the Court emphasized the importance of the decision, stating, “We are conscious of the fact that in the absence of such a direction, students who have no control over the final year results would be left in the lurch.”
The petitioners highlighted that according to the notification for the AIBE-XIX, only Advocates already enrolled with a State Bar Council were eligible to appear for the exam. The plea raised concerns that this restriction would cause students to lose valuable time in pursuing their careers, as passing the AIBE is a prerequisite for professional opportunities. The petition argued that the BCI’s refusal to allow final-year students to take the AIBE contradicted the commitment to hold the examination twice a year, as mandated.
Nine final-year law students filed the petition, seeking a writ of mandamus directing the BCI to permit them to take the AIBE-XIX. The petition was drafted and filed by Advocate-on-Record A. Velan.
Case Name: Nilay Rai & Ors. vs. Bar Council of India Through its Chairman
Case Number: W.P.(C)No 577 of 2024
Bench: Chief Justice of India DY Chandrachud, Justice JB Pardiwal and Manoj Misra