In a move that could significantly reshape legal education in India, the Bar Council of India (BCI) has proposed new rules to the Supreme Court, which may soon allow final-year law students to take the All-India Bar Examination (AIBE) before graduating. This comes after nine final-year students from Delhi University challenged a recent BCI notification in court, leading to a heated debate.
The case, heard by a Supreme Court bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, brought attention to the lack of clarity on the matter. Chief Justice Chandrachud urged the BCI to update the court on the status of these proposed rules within a week.
The students argue that the BCI’s decision to prevent them from sitting for the AIBE before graduation contradicts a prior ruling by a Constitution Bench, which suggested that students in their final semester should be eligible to take the exam. The AIBE is a critical step for law graduates in India, as passing it is mandatory for practicing law. A ruling by the Telangana High Court in October 2023 also nudged the BCI to reconsider its stance.
At the heart of the petitioners' argument is the belief that the BCI’s current policy creates an unfair disadvantage for students, as delays in university results unnecessarily postpone their entry into the profession. Advocate A Velan, representing the students, stressed the urgency, pointing out that the upcoming AIBE, scheduled for November 24, is a pivotal moment in their careers. The petition seeks not only to overturn the BCI’s notification but also to allow the students to appear for the upcoming exam.
The debate also drew upon historical recommendations made by then Amicus Curiae KV Viswanathan, now a Supreme Court judge, who had previously suggested that final-year students should be permitted to sit for the Bar exam. This context adds weight to the ongoing discussion, as many await the BCI’s next move, which could change the course for future law graduates in India.
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