BCI Allows Final-Year Law Students to Register for AIBE XIX Following Supreme Court’s Directive

In a significant development for final-year law students, the Bar Council of India (BCI) has informed the Supreme Court that it will allow final-year law students to register for the All India Bar Examination (AIBE XIX). The BCI’s recent notification, dated September 25, 2024, aligns with the Supreme Court’s earlier interim directive, which mandated permitting these students to appear for the exam. This change comes amid ongoing debates regarding eligibility criteria for the AIBE, aiming to prevent final-year law students from losing an academic year.

Background

• Case Name:
• Writ Petition: W.P.(C) No 577 of 2024
• The case revolves around the BCI’s previous notification that barred final-semester law students from appearing for the AIBE, prompting a challenge in the Supreme Court.
• Petitioners argued that this decision contradicted the Constitution Bench judgment in Bar Council of India v. Bonnie Foi Law College & Ors, which allowed final-year students to appear for the AIBE.

Key Court Proceedings

• On October 25, 2024, the BCI’s Counsel informed the Supreme Court that a notification allowing final-year law students to register for the AIBE XIX had been issued on September 25, 2024.
• The notification complies with the Supreme Court’s earlier order that mandated allowing the petitioners and similar candidates to appear for the exam.
• The bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, acknowledged this development.
• The BCI’s Counsel further stated: “For the next exam, the rules are ready; we just have to consult with stakeholders. Lordships may have it after four weeks, we should be able to submit it.”

Key Observations by the Supreme Court

• The bench recorded that petitioners and similarly placed candidates pursuing their final year of LLB have been permitted to register for the AIBE XIX, scheduled for November 25, 2024.
• The Supreme Court also emphasized that new rules regarding eligibility criteria for the AIBE will be presented to stakeholders within four weeks.
• The bench directed that the matter be listed again in November 2024 to monitor further developments and ensure compliance.

Petitioners’ Submissions

• The petitioners argued that the BCI’s earlier decision violated the Constitution Bench’s ruling that allows final-year students to appear for the AIBE.
• The bench concurred, suggesting that while the BCI may take time to establish the necessary rules, final-year students should not lose an academic year due to procedural delays.

Future Proceedings

• The case is set for another hearing in November 2024, where the BCI is expected to present the finalized rules after consulting relevant stakeholders. The Supreme Court emphasized that the BCI should expedite the process to avoid further delays in rule finalization.
• The Supreme Court will closely review the BCI’s compliance with the directive to permit final-year law students to appear for the exam. The Court aims to ensure that the new rules align with the Constitution Bench judgment in Bar Council of India v. Bonnie Foi Law College & Ors.

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