Policy decision of BCI: Delhi High Court rejects plea for negative marking in AIBE

The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) seeking the introduction of negative marking in the All India Bar Examination (AIBE).

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said it is a policy decision to be taken by the Bar Council of India (BCI) and courts cannot pass directions.

“This is all a policy decision to be taken by the authorities concerned. BCI has taken a decision not to have negative marking. How can we issue such a direction?" the Bench asked.

It also criticised the petitioner, advocate Shannu Baghel, for filing the PIL.

“The difficulty with you people is, don’t take it otherwise. The difficulty is you read the newspaper in the morning and whatever catches your imagination becomes the subject matter of a PIL,” the Bench remarked.

The petition said that the absence of negative marking has diluted the standards of the legal profession and allows candidates to qualify through guesswork rather than demonstrated legal competence.

According to the plea, without negative marking, the examination encourages random answering, undermining its objective of assessing minimum professional competence.

It further argued that inadequate screening of advocates ultimately affects litigants’ right to effective legal representation and the overall administration of justice.

However, the Court said that the petitioner does not have any rights infringed by the same.

“This is a policy decision. Where is your right? You can come to court only in case there is an infringement of your right. Where is the right? Merely because you think the negative marking should be there, it should become the basis of negative marking in the AIBE?" the Bench asked.

The Court then proceeded to reject the PIL.

“Heard the petitioner in person. This PIL has been filed to issue a direction to BCI for introducing negative markings in AIBE from 2026 onwards. As to what format of examination can be introduced is a policy decision of the BCI. The petition is therefore dismissed,” the Court ordered.