Bar Exam Opened for Final-Year Law Students Following Supreme Court’s Order

in a significant development, the Supreme Court of India has permitted final-year law students to register and appear in the upcoming All India Bar Examination (AIBE), scheduled for November 24, 2024. This interim relief, granted on September 20, 2024, was issued by a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra while hearing a petition filed by Nilay Rai & Others. The petition challenged the Bar Council of India’s (BCI) decision to exclude final-year students from the exam. The BCI’s stance had sparked legal debate due to its perceived inconsistency with a prior Constitution Bench judgment in Bar Council of India v. Bonnie Foi Law College & Ors, where final-year students were granted the right to appear in the AIBE under certain conditions.

The Supreme Court clarified that while the BCI could frame its rules, it must ensure that final-year students are not deprived of their opportunity to take the exam. This ruling provides relief to many aspiring law graduates who were previously excluded.

Key Points:

1. BCI’s Exclusion Challenged:

• The BCI had recently excluded final-year law students from registering for the AIBE, prompting a challenge in the Supreme Court. The petitioners contended that the decision violated the precedent set in Bar Council of India v. Bonnie Foi Law College & Ors.

2. Constitution Bench’s Bonnie Foi Law College Decision:

• In Paragraph 38 of the Bonnie Foi Law College judgment, the Constitution Bench observed:
  “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 Court further clarified that AIBE results would be subject to the student completing all university/college components.

3. Supreme Court’s Interim Relief:

• The Supreme Court Bench, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, allowed final-year law students to register for the upcoming AIBE. The bench stated:
  “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 Court also noted that the BCI could frame its rules regarding final-year law students but should ensure that no student loses a year due to the delay.

4. Impact of the Decision:

• The Supreme Court’s order applies to all final-year students, not just the petitioners. This ensures that students across the country who are in their final year of law school and meet the required criteria can participate in the AIBE.

5. BCI’s Pending Rules:

• The Court expressed its concern over the fact that, despite the Bonnie Foi judgment being delivered in February 2023, the BCI had yet to frame appropriate rules for final-year students. However, the bench granted the BCIadditional time to do so, while allowing students to sit for the AIBE without delay.

6. Counsels for Petitioners:

• The petitioners were represented by Advocates A. Velan and Navpreet Kaur, who argued that the exclusion of final-year law students was arbitrary and contrary to established legal principles.

7. Significance of the Order:

• The interim order from the Supreme Court comes as a relief for many law students who feared losing a year due to BCI’s exclusion. The decision aligns with the broader judicial philosophy of safeguarding educational and career opportunities for students, ensuring they can proceed with their professional journeys without undue delay.

Nilay Rai & Ors V Bar Council of India | W.P.(C) No 577 of 2024