Five Judges SC Bench Verdict: BCI supreme authority to decide AIBE to be a pre or post enrollment exam; Read here

BCI is fully authorized to conduct All India Bar Examination as an eligibility test for lawyers to practice, and to decide whether to make AIBE as a pre-enrollment or post-enrollment examination. Read here full story. 

A Five Judges Constitutional Bench of Supreme Court upheld that Bar Council of India is fully authorized to conduct All India Bar Examination as an eligibility test for lawyers to practice. Moreover, it said that it is BCI's authority to decide whether to conduct AIBE as a pre-enrollment or post-enrollment examination. The Bench was headed by Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice AS Oka, Justice Vikram Nath and Justice JK Maheshwari, who have been hearing the matter of Sudeer v. Bar Council of India, (1999) 3 SCC 176" on February 10, 2023. 

The key points from the hearing are: 

"The objective of the legislature while giving wide powers to the Bar Council of India under Section 49 of the Advocates Act which gives it the power to prescribe rules, read with Clause (d) of Sub-section (3) of Section 24, which gives it the power to prescribe norms for entitlement to be enrolled as an advocate under the rules of the Bar Council of India, leads us to the conclusion that these are adequate powers with the Bar Council of India under the said act to provide for such norms and rules."

It further said, that while questioning the question referred to us that the only conclusion is that the interdict placed by the judgement of this court in V. Sudeer on the powers of the Bar Council of India cannot be sustained and we cannot hold that this decision laid down the correct position of law."

Moreover, "The effect of the view expressed by us would be that it is left to the Bar Council of India as to at what stage, the All-India Bar Examination will be held, that is, pre-enrolment, or post-enrolment"

While pronouncing the judgement in favour of BCI, Justice S K Kaul said, "There are consequences, especially with respect to the interregnum period, which would arise in either scenario. It is not for this court to delve into them, but for the Bar Council of India to consider both the situations"

Further, the bench also added that in the light of suggestions made by Amicus Curae K V Vishwanathan, the favourable situation is allowing the final year (final semester) law students for appearing in AIBE, as well as, a madate it for persons working in fields other than law for more than five years, if they want to practise law. 

A final statement on today's hearing and verdict is yet to be uploaded on the official website of Supreme Court. 

Meanwhile, BCI has uploaded a revised answer key for AIBE 17, and the results are expected to be out in February 2023 only.

Read More:

• AIBE XVII (17) Exam Day Live - Check Test Centre Reporting, Instructions, Exam Analysis, Expected Cutoff, Answer Key
• BCI publishes revised AIBE XVII (17) Answer Key; Check here to download 
• Law Graduates not practising law for over 5 yrs need to re-appear for AIBE: BCI
• BCI to allow other professionals to enroll as provisional advocates on qualifying AIBE? Read here latest update on AIBE