AIBE 19: SC allow final-year students to appear for All India Bar Examination

NEW DELHI: The Supreme Court has issued an interim order allowing final-year law students to take the All-India Bar Examination (AIBE), challenging the Bar Council of India's (BCI) decision to exclude them from the exam. The AIBE 19 exam is scheduled to be held on November 24, 2024.

The bench, led by Chief Justice DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra, was hearing a writ petition challenging the recent notification from the Bar Council of India (BCI) regarding eligibility for the All-India Bar Examination (AIBE). The notification prohibits final-year (final semester) law students from appearing in the upcoming AIBE-XIX.

"We direct that the BCI shall permit the registration of all students who fall within the ambit of Paragraph 38 of the Bonnie Foi Decision. The above direction to operate in rem for AIBE scheduled for November 24," the bench observed in the order.

Constitution bench decision

In paragraph 38 of the Bonnie Foi Law College decision, the Constitution Bench stated that students who have cleared all examinations required to pursue the final semester of their law course may be allowed to take the All India Bar Examination, provided they present proof. However, the results of the examination will only be valid if the candidate has passed all components of their course and will remain valid for a specified period.

Petitioners' legal challenge

The petitioners argued that the BCI's notification prevents them from taking the AIBE XIX exam. They approached the Supreme Court, stating that the BCI's decision contradicts the Constitutional Bench judgment in Bar Council of India v. Bonnie Foi Law College & Ors, which stipulates that final-year law students should be allowed to appear in the AIBE.

Registration for the AIBE XIX exam is underway, and the last date to apply for the exam is October 25. Candidates can make online payments till October 28 and correct any errors in their application forms by October 30. The council will issue the admit card for the AIBE 19 exam on November 18.