The Court noted that, with the AIBE scheduled for November 25 and the application deadline set for October 25, it would be unfair not to provide relief to eligible students, in accordance with the decision of the Constitution Bench.
"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 from nine final-year law students at Delhi University who challenged a recent BCI notification preventing them from taking the AIBE before graduation. Passing the AIBE is essential for practicing law in Indian courts. The petitioners argued that the BCI's decision contradicts a Constitution Bench ruling stating that students eligible to enroll in their final semester should be permitted to sit for the AIBE.
They also referenced an October 2023 ruling from the Telangana High Court, which urged the BCI to address the issue in light of the Constitution Bench's comments. In response to the BCI's latest update, CJI Chandrachud stated that the Court would review the matter next month and reminded the statutory body of its obligation to adhere to the Constitution Bench's ruling.
"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.
The counsel for the BCI assured the Court that it would comply with the Constitution Bench decision but noted that the BCI had yet to make a final determination on the matter. At this point, the petitioners' counsel argued that the BCI's "policy paralysis" should not infringe upon the rights of students.
When CJI Chandrachud inquired about the delay in implementing the Constitution Bench's decision, the BCI counsel explained that they were awaiting the Supreme Court's ruling on the enrolment fee issue.
The Court then directed that students be allowed to register for the examination. Notably, the suggestion to permit final year law students to take the Bar exam had originally come from then Amicus Curiae KV Viswanathan, who is now a Supreme Court judge.
