Today, the Supreme Court was informed that the Bar Council of India (BCI) has framed rules permitting final-year law students to appear for the All India Bar Examination (AIBE), an essential step for enrolling as practising advocates.
BCI informed the Division Bench of Justices Vikram Nath and Sandeep Mehta that the All India Bar Examination (AIBE) will now be held twice a year instead of once annually.
In view of these developments, the Court disposed of the plea seeking its intervention in the matter.
Earlier, during a hearing in September 2024, the BCI had informed the Court that it was in the process of framing rules on the issue. In a subsequent hearing later that month, the Court had directed the BCI to allow final-year law students to register for AIBE XIX, which was scheduled to be held in November 2024.
When the matter was taken up today, counsel for the BCI informed the Court that rules have now been framed permitting final-year law students to appear for the examination.
The BCI further stated that, under the new rules, the AIBE will be conducted twice a year.
"This is the case where (it was sought that) last semester students should be allowed to sit for the AIBE. We have framed the rules. The prayers have been taken care of. The AIBE will be conducted at least twice a year and the last semester students will be allowed to sit for AIBE, subject to them clearing the final (semester) exam," BCI counsel said.
The Court recorded the submission and accordingly disposed of the petition.
"The counsel for the petitioner states that the purpose of the writ petition has been served. BCI has already framed AIBE rules 2026," the order noted.
The petition was filed by nine final-year law students from Delhi University, who challenged a BCI notification that barred them from appearing for the AIBE before completing graduation. Clearing the AIBE is mandatory to practise law in Indian courts.
The petitioners argued that the BCI’s decision went against a Constitution Bench judgment, which had observed that students eligible to pursue their final semester of law could be permitted to take the AIBE. They also relied on an October 2023 judgment of the Telangana High Court, which had asked the BCI to examine the issue in light of the Constitution Bench’s observations.
It was further contended that preventing final-semester students from taking the AIBE resulted in an arbitrary classification between students whose universities had declared results and those whose results were still pending.
On these grounds, the petitioners sought quashing of the impugned notification and a direction allowing them to appear for the examination, so that they do not lose valuable time in starting their professional careers.
The plea was filed through advocate A. Velan.
Notably, the suggestion that final-year law students be allowed to take the Bar examination had earlier been made before the Constitution Bench by then amicus curiae K.V. Viswanathan, who is now a judge of the Supreme Court.
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