Supreme Court affirms BCI’s power to conduct AIBE

Today, the Supreme Court bench including Justices Sanjiv Khanna, Vikram Nath, Sanjay Kishan Kaul, JK Maheshwari, and AS Oka upheld the power of BCI (Bar Council of India) to conduct AIBE (All India Bar Examination). AIBE is taken by law graduates so that they are allowed to practice law in India. The bench stated that “Whether the qualifying examination should be held before or after enrolment was a matter best left to the discretion of the Bar Council.” Moreover, the decision given by the Supreme Court in V. Sudeer vs. Bar Council of India case was overruled. The judgment highlighted that no condition could be imposed on an individual wishing to practice law other than those determined in Section 24 of the Advocate Act. 

While hearing the case today, the top Court stated that “We are thus of the opinion that while considering the questions referred to us, the only conclusion which can be laid is the judgment of this Court in V Sudeer on the powers of BCI cannot be sustained and we cannot hold that it lays down the correct position of law.” The bench added, “We are inclined to accept the suggestions of the Amicus that the students who appeared in all examinations to be eligible to pursue the final semester of the final year. On production of proof, they could be allowed to take AIBE. The result of AIBE would be subject to the person passing all components of the college examination.”