Supreme Court allows final-year law students to appear for AIBE exam 2024

The Court questions Bar Council of India about the non-framing of All India Bar Examination (AIBE) rules in pursuance of a Constitution Bench judgment last year on the issue

The Supreme Court on Friday (September 20, 2024) allowed final-year law students to appear for the All India Bar Examination (AIBE), a qualifying test for launching a legal practice, scheduled on November 24.

A three-judge Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud passed the order in a petition filed by final-year law students led by Nilay Rai, represented by advocates A. Velan and Navpreet Kaur, challenging a notification issued by the top advocates’ body, the Bar Council of India (BCI), barring them from the exam.

The petitioners argued that students should not be made to suffer for the delay in the declaration of the final-year law exams. The petitioners had submitted that they would lose a year.

The court questioned the BCI’s objections to the petition, in turn asking the advocates’ body about the non-framing of AIBE rules in pursuance of a Constitution Bench judgment last year on the issue. The top Court had affirmed the BCI’s power to hold the AIBE in the judgment on February 10 last year. The Court, in this judgment, had accepted the recommendations of its amicus curiae to allow final semester law students to appear for the AIBE.

The CJI-led Bench took note of the submissions of nine LLB students, including Mr. Rai of Delhi University, and allowed them to take the examination on November 24 this year.

“It appears rules are not framed till now, and now an adjournment was sought (by BCI) to take instructions on when rules will be put in place, and now it is stated to be done within 4-6 weeks. The AIBE is scheduled for November 24, and the last date for applying is October 25. It will be manifestly unjust since a large number of students are qualified as per the Supreme Court judgment, but they cannot appear for AIBE,” the Court said.

It allowed registration of all students who fall within the ambit of the Constitution Bench judgment by Justice Kaul. “We have passed this direction conscious of the fact that in the absence of such a direction, the students, who have appeared for several exams in State universities and are awaiting results, will be left in the lurch,” the order said.

The interim direction will apply to the examination to be held on November 24. The BCI stated that it would bring its rules on record but requested the Court to treat its order as an interim one.

Published - September 20, 2024 08:22 pm IST