Supreme Court upholds powers of BCI to hold All India Bar Examination

NEW DELHI: Five days after the AIBE XVII (17) exam 2023, the Supreme Court today affirmed the powers of the Bar Council of India to hold the All India Bar Examination (AIBE). Candidates who qualify AIBE will be eligible to practice law in courts of the country.

A five-judge bench comprising Justices SK Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and J K Maheshwari was hearing petitions challenging the validity of the AIBE exam.

“These are adequate powers to the Bar Council of India (BCI) under the said act (Advocates Act) to provide for such norms and rules. The effect would be that it is left to the BCI as to what stage the AIBE is to be held - pre or post enrolment,” said the bench headed by Justice SK Kaul.

The court's order came on a petition which examined several issues concerning the AIBE, including at what stage can the examination be prescribed by the BCI under the Advocates Act, 1961.

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The bench had reserved its verdict in September last year after hearing arguments in the matter. The apex court in March 2016 had observed that one of the questions that have been raised for determination was whether the BCI is competent to prescribe an examination post-enrolment of an advocate as a condition of eligibility for his continuing to practice at the Bar.

The apex court had said that the questions that fall for determination are of considerable importance affecting the legal profession in general and need to be authoritatively answered by a Constitution bench.

It had thus referred three questions, including whether pre-enrolment training in terms of Bar Council of India Training Rules, 1995 framed under section 24(3)(d) of the Advocates Act, 1961, could be validly prescribed by the BCI and if so whether the decision in Sudeer vs Bar Council of India & Anr requires reconsideration, for consideration by a five-judge bench.

(With inputs from PTI)