We Are In Process Of Framing Rules: BCI Tells SC In Plea Challenging Its Notification Barring Final Year Law Students From Appearing For AIBE-XIX

In a writ petition challenging the recent notification issued by the Bar Council of India (BCI) that prohibits final-year law students from registering for and appearing in the upcoming All-India Bar Examination (AIBE-XIX) scheduled for November 24, 2024, the BCI informed the Supreme Court that it is in process of framing the procedure/rules for the same.

The Bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra adjourned the matter for further consideration next week.

At the outset, the Counsel for the petitioners submitted, "My Lords already have the benefit of the Constitutional Bench decision."

The Counsel appearing for the BCI submitted that, as per the Constitutional Bench judgment, the BCI was to implement the procedure. "The Constitutional Bench Judgement on enrollment fees is also there—we are in the process of framing rules, we are collating and framing..," she submitted.

The CJI asked, "What is the timeframe for framing the rules?"

The BCI Counsel sought time to seek instructions on the timeframe.

The Court granted one week's time to the BCI to inform about the time frame to be taken to allow final year law students to register and appear in AIBE. Accordingly, the Court scheduled the matter for further consideration next week.

The PIL has been filed by nine final-year law students enrolled in the 3-year LL.B. program at Campus law Centre and Law centre-1, Faculty of Law, University of Delhi.

The writ petition filed through AoR A. Velan and Advocate Navpreet Kaur argued that the BCI notification is contrary to the Supreme Court's previous ruling in Bar Council of India v. Bonnie FOI Law College, where a Constitution Bench had permitted final-semester students to sit for the AIBE, subject to their completion of the law degree. The Bench had also directed the BCI to conduct the exam twice a year.

In their petition, the students contend that the BCI’s notification is arbitrary and unreasonable, arguing that it disregards the varying timelines of universities in declaring results, which unfairly impacts students from institutions where results are delayed. The petitioners claim that the impugned notification will result in the loss of valuable time for their professional careers, as it prevents them from sitting for the AIBE and consequently delays their entry into the legal profession.

"The petitioner would lose valuable time in pursuing their professional endeavours in the light of the restrictive eligibility criteria for undertaking the said examination. It is to be noted that the passing of AIBE is a condition precedent for considering the candidature of the petitioners in various organizations. Hence the present writ petition is filed under article 32 of the constitution of India for violation of the fundamental rights guaranteed under Article 14, 19(1)(g), 21 of the Constitution of India, 1950," the petition read.

The petition seeks three primary reliefs:

1. The quashing of the BCI notification.

2. A direction allowing final-semester law students to appear in the AIBE-XIX.

3. An interim stay on the enforcement of the notification until the matter is resolved.

Cause Title: Nilay Rai & Ors v. Bar Council of India [W.P.(C )No 577 of 2024]