Supreme Court Issues Notice To BCI Over All India Bar Examination

The Supreme Court issued a notice on a petition challenging the All India Bar Examination (AIBE) Rules framed by the Bar Council of India making it mandatory for a lawyer to qualify the All India Bar Examination to be eligible for practice as an advocate.

The bench headed by Justice A.M. Khanwilkar heard the writ petition filed by a newly enrolled advocate, Parthsarthi M. Saraf represented by advocate V.K. Biju, challenging the AIBE Rules framed by BCI stating such Rules to appear for an examination to qualify would be a matter of hardship for young lawyers and All-India Bar Examination Rules of 2010 issued by BCI was compelling people to take the All-India Bar Examination even after enrolment as an advocate. The main reason for the petition was to seek a stay on the conduct of the AIBE. Mr. Biju argued that by conducting the AIBE on January 24 and March 21, the BCI was “illegally and arbitrarily compelling” law graduates to undergo another exam to qualify to practice law, thus restricting their fundamental right to a profession, enshrined under the Constitution. Citing several precedents, the petitioner stated that as per the 1973 amendment to the Advocates Act, Section 24 (1)(d) was omitted. The section provided for qualifying an examination conducted by the State Bar Council after training as a prerequisite for enrolment. The court thus issued a notice to the BCI on a separate application to stay the conduct of the AIBE. The notice on this plea is returnable in three weeks.