AIBE will be held twice a year; final year law students can now take the exam: BCI tells Supreme Court

The Supreme Court of India was informed on Tuesday that the Bar Council of India (BCI) has now framed rules to enable final semester law students to take the All India Bar Examination (AIBE), a crucial step for the enrolment of law graduates as practicing advocates [Nilay Rai v. Bar Council of India and ors]..The BCI also told the Bench comprising Justices Vikram Nath and Sandeep Mehta that AIBE will be held twice a year henceforth instead of holding it once every year..In view of the same, the Court disposed of a plea seeking the court's intervention on such matters. The BCI had earlier indicated that it was in the process of framing rules on the issue. This was during a September 2024 hearing of the matter. In the ensuing hearing that took place the same month, the Court had also told the BCI to allow the final year law students to register for the AIBE XIX, scheduled in November that year. When the matter was heard today, the BCI's counsel told the Court that it has now framed rules permitting final year law students to take the exam.The BCI added that AIBE will also be conducted twice a year under these rules. "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 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 Delhi University final year law students challenging a BCI notification that barred them from writing the AIBE before graduation. Clearing the AIBE is mandatory to practice in Indian courts.The petitioners contended that the BCI's decision was contrary to a Constitution Bench judgment holding that students who are eligible to pursue the final semester of law school could be allowed to take the AIBE.They also highlighted an October 2023 Telangana High Court ruling that had asked the BCI to decide on the issue in light of the Constitution Bench's observations.It was argued that the BCI's bar on final semester students taking AIBE created an arbitrary classification between students whose universities have declared results and those whose universities have not.Thus, they sought quashing of the notification in question, along with a direction to be allowed to write the exam, so that they do not lose valuable time in pursuing their professional careers.The petition was filed through advocate A Velan.Notably, the suggestion to the Constitution Bench to consider allowing final year law students to take the Bar exam was given by then Amicus Curiae KV Viswanathan (now a Supreme Court judge)..[Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.