The Supreme Court on Friday directed the Bar Council of India (BCI) to allow the final year law students to register for the All India Bar Examination (AIBE) XIX, scheduled in November. [Nilay Rai v. Bar Council of India and ors]
A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra passed the direction after the BCI submitted that the rules allowing such students to write the AIBE would be ready in four-six weeks.
The BCI had recently informed the top court that it was considering framing rules in this regard.
Today, CJI Chandrachud observed that the BCI was taking its own "sweet time" in the process.
"The Constitution Bench judgment is of 2023 and you are taking your own sweet time. You take twelve weeks for rules, but you have to comply with our judgment," the Court said.
The Court observed that since AIBE was scheduled to take place on November 25, and the last date for applications is October 25, it would be unjust to not grant relief to the students who are otherwise eligible as per the Constitution Bench decision.
"Thus we direct that for the ensuing exam, Bar Council of India shall allow registration of all students who fall within para 48 of the Constitution Bench judgment by Justice (SK) Kaul. We have passed this direction conscious of the fact that absent such direction, students who have appeared for several exams in state universities and awaiting results will not be left in lurch," the Court ordered.
The Bench was hearing a petition filed by nine Delhi University final-year law students challenging the BCI's recent notification barring them from writing the AIBE before graduation. Clearing the AIBE is mandatory to practice in Indian courts.
The petitioners contended that the BCI's decision is contrary to a Constitution Bench judgment holding that students who are eligible to pursue the final semester of law school could be allowed to take the AIBE.
They also highlighted an October 2023 Telangana High Court ruling that had asked the BCI to decide on the issue in light of the Constitution Bench's observations.
Following the latest update from the BCI today, CJI Chandrachud said that the Court would hear the matter next month and also reminded the statutory body that it has to comply with the Constitution Bench decision.
"Since exams are in November 2024, let us keep this in October. The Constitution Bench judgment by Justice SK Kaul does contemplate that even final year students can take AIBE. You have to comply with the Constitution Bench judgment," the Court said.
Counsel for BCI assured the Court that the Constitution Bench decision would be complied with. However, it was also submitted that BCI had been asked to take a final call regarding it.
At this stage, counsel representing the petitioners argued that a "policy paralysis" on part of the BCI cannot be used to scuttle the rights of students.
When CJI Chandrachud asked the reason for delay in complying with the Constitution Bench decision, the BCI counsel said that they were waiting for top court's decision on the enrolment fee issue.
The Court then proceeded to pass the direction to allow students to register for the examination.
Pertinently, the suggestion to the Constitution Bench to consider allowing final year law students to take the Bar exam was given by then Amicus Curiae KV Viswanathan (now a Supreme Court judge)
"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," the top court had said in that judgment.