Rehan Khan
The Supreme Court of India on 16th Septemeber deliberated on a petition filed by nine final-year law students from Delhi University, challenging the Bar Council of India’s (BCI) decision to prohibit final-year students from sitting for the All-India Bar Examination (AIBE). This case, Nilay Rai v. Bar Council of India and ors, has sparked considerable interest due to its implications for law students awaiting their final results.
A Bench led by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, is hearing the matter. The BCI’s recent notification bars students in their final semester from registering for the AIBE, which is a prerequisite for practicing law in India. The petitioners argue that the notification is in direct conflict with a previous ruling by a Constitution Bench in Bar Council of India v. Bonnie FOI Law College, where it was held that final-year students should be allowed to take the AIBE, subject to them clearing their law degree.
In their plea, the petitioners pointed to the October 2023 Telangana High Court ruling, which had directed the BCI to reconsider the matter in light of the Constitution Bench’s judgment. The students also highlighted that the existing framework creates an unfair distinction between students whose universities have already declared results and those whose results are still pending. They claim that this delay could cause them to lose valuable time in their legal careers.
The petitioners, represented by Advocate A Velan, are seeking three main reliefs:
- Quashing of the BCI’s notification.
- Permission for final-year students to sit for the AIBE, scheduled for November 24, 2024.
- An interim stay on the BCI’s notification until a final decision is reached.
During the hearing, the Bench remarked, “Let the Bar Council of India come back to us next week on when rules will be notified in this case.” The BCI has been asked to respond with updates on its proposed regulations regarding the eligibility of final-year students for the AIBE.
The petitioners also criticized the arbitrary nature of the notification, arguing that it disregards the varied timelines of different universities in declaring results, thus unfairly penalizing students from institutions that experience delays. This, they said, leads to an unjust classification between students, further hindering their professional progress.
Counsel for the BCI assured the Court that the recommendations made by Amicus Curiae KV Viswanathan, who is now a Supreme Court judge, are being considered. These recommendations suggest allowing final-year law students to take the AIBE before graduation, a proposition that had garnered significant attention.
The AIBE is scheduled for November 24, 2024, and the application process is already underway, set to conclude by October 25, 2024. However, the Court’s ruling in this case could potentially alter the course of the examination process for thousands of law students across the country.
Case Title: Nilay Rai & Ors V Bar Council of India
Case Number: W.P.(C)No 577 of 2024
Bench: Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra