The Bar Council of India (BCI) informed the Delhi High Court on Tuesday that the next edition of the All India Bar Examination (AIBE) will be held in June 2026, and that qualifying exam for Indian candidates having degrees from foreign universities will be held in December this year [Saanil Patnayak v. Bar Council of India & Anr.]
The Court closed the case filed by a law graduate from a foreign university seeking to practice in India. On the last date of hearing, the Court had directed the BCI counsel to take instructions on whether the qualifying exam can be scheduled before the AIBE exam.
After taking instructions, the BCI informed Justice Sachin Datta that the qualifying exam will be held between December 15-20 of this year and that the next bi-annual AIBE will be held in June 2026.
The Court further recorded,
"It is further informed that upon provisional registration with the State Bar Council, the petitioner and the other similarly situated students/persons will have a period of 2 years to clear AIBE. In the intervening period, they would not be precluded from commencing their legal practice."
The petitioner before the Court is a law graduate from Brunel University of London and has completed a bridge course from the India International University of Legal Education and Research (IIULER), Goa. He challenged the BCI's requirement mandating Indian nationals who have a foreign law degree with a bridge course to take a qualifying exam conducted by the BCI and then take the AIBE in order to practice law in India.
During an earlier hearing, the Court had told counsel for the BCI,
“He is a young advocate sitting idle at home, he concluded his bridge course several months ago. You have created this problem; you only find a solution. You should have conducted the qualifying exam before then, this will waste a year. Why did you not schedule the qualifying exam before? His chance to appear in AIBE will be after one year now."
Counsel for the law graduate sought directions to allow him to appear for AIBE XX - scheduled for November 30, 2025 - without first having to give the qualifying exam.
The BCI's lawyer opposed the petition and stated,
“AIBE is for candidates enrolled as an advocate in India."
The Court had questioned the BCI for not conducting the qualifying exam before the AIBE in order to enable law graduates holding degrees from foreign universities to take the AIBE exam.
“You should have timed it accordingly. Why don’t you schedule it in a way that it takes minimal amount of time?” the Court asked.
The plea stated that the BCI introduced the bridge course for foreign law degree holders in order to bridge the gap between foreign and Indian curriculum. However, they are further required to appear for a qualifying examination before being permitted to attempt the AIBE.
“This course was introduced by the BCI itself to cure the difference in duration and structure between Indian and foreign law degrees. Yet, even after compelling students to spend two additional years in this BCI mandated programme, the BCI insists that they must sit for a further Qualifying Examination before being permitted to attempt the AIBE. This insistence destroys the very logic of the Bridge Course,” the petition states.
The petition raises the question whether BCI can mandate both a bridge course and a qualifying examination and whether such duplication renders the former futile.
It sought court directions to the BCI to declare AIBE as the common qualifying examination for both Indian nationals having foreign law degrees who have completed their bridge course, as well as those with LL.B. degrees from Indian universities.
This question has been previously considered by the Delhi High Court in Mehak Oberoi vs Bar Council of India & Ors.
The Karnataka High Court has also dealt with this question. The Court today was informed that a challenge against this decision is pending before a Division Bench.
Advocates PB Sashaank, Haresh Nair, Vardaan Wanchoo, Rahul Reddy and Ritwik Mohapatra appeared for the law graduate.
Advocates Preetpal Singh, Tanupreet Kaur and Medha Navami appeared for BCI.
Advocates T Singhdev, Tanishq Srivastava, Yamini, Abhijit Chakravarty, Bhanu Gulati, Sourabh and Vedant Sood appeared for Bar Council of Delhi.
[Read order]