Supreme Court Allows Final-Year Law Students To Appear In the All India Bar Examination (AIBE)

Today (September 20, 2024), the Supreme Court (SC) bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra allowed final-year law students to appear for the AIBE (All India Bar Examination) which is scheduled to take place in November this year. This interim order was passed while hearing a petition against the Bar Council of India’s (BCI’s) decision to exclude final-year law students from registering for AIBE. During the proceedings, the BCI submitted that they need 4 to 6 weeks to frame rules regarding final-year law students. The three-judge bench of the SC said that they can take time to frame rules but ensure that final-year students do not lose a year. While presenting the case before the SC, the petitioners submitted that the BCI’s decision to exclude final-year law students from registering for AIBE was contrary to the Constitution bench judgment in the Bar Council of India v. Bonnie Foi Law College & Ors, which states that final-year law students should be allowed to take AIBE. 

After hearing, the matter, the SC bench observed, “We direct that the BCI shall permit the registration of all students who fall within the ambit of Paragraph 38 of the Bonnie Foi Decision. The above direction to operate in rem for AIBE scheduled for November 24.” Paragraph 38 of the Bonnie Foi Law College decision states, “We are inclined to accept the suggestion from the learned Amicus that students who have cleared all examinations to be eligible to pursue the final semester of the final year course of law, on production of proof of the same, could be allowed to take the All India Bar Examination. The result of the All India Bar Examination would be subject to the person passing all the components required under the course of study of the University/College. This would be subject to the All India Bar Examination results being valid for a specified period of time." Therefore, the bench allowed final-year law students to appear in the AIBE. It clarified that the order would not only apply to the petitioners but also to all final-year law students.