The Supreme Court Constitution bench has held that the Bar Council of India has powers to hold the All-India Bar Examination. Whether the AIBE should be held at pre-enrolment or post-enrolment stage is a matter which the BCI can decide. It was held that law graduates are required to take bar license to be allowed to practice before courts.
A Constitution Bench comprising of Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice AS Oka, Justice Vikram Nath and Justice JK Maheshwari said that the held that the powers of the Bar Council of India to conduct the exam were adequate.
The bench said that on the basis of questions referred to them, the only conclusion which can be laid is as above.
Speaking on the matter whether AIBE should be held pre or post-enrolment, the Court held that it is left to the BCI. It added that there are certain consequences which would arise in holding the AIBE in either scenario, and it is not for this Court to delve into them.
The Court said that it is ready to take up the suggestion of the Amicus that the students who appeared in all examinations to be eligible to pursue the final semester of the final year on the proof.
The Court has also asked for appropriate rule to be framed for the enrolled advocate who takes up employment in a non-legal context for a substantial period would be deemed to be a new enrollee, and would be required to take AIBE again.
The Bench has asked for uniformity in the fee been charged for the exam, since different State Bar Councils were charging different amounts.
On September 28 the Supreme Court reserved its judgment in the batch of pleas challenging the validity of the exam, which is required to be cleared by law graduates before they can practice before courts.