SC affirms BCI’s power to hold All India Bar Examination

New Delhi: The Supreme Court on Friday affirmed the Bar Council of India’s power to hold the All India Bar Examination (AIBE), a test that a lawyer has to qualify to practise law in the courts of the country.

“These are adequate powers with the Bar Council of India (BCI) under the said Act (Advocates Act) to provide for such norms and rules. The effect would be that it is left to the BCI as to at what stage the AIBE is to be held, pre or post-enrolment,” said a five-judge Constitution bench headed by Justice SK Kaul. The court’s order came on a petition that examined several issues concerning the AIBE, including at what stage can the examination be prescribed by the BCI under the Advocates Act, 1961.

The bench had reserved its verdict in September last year after hearing the arguments in the matter. Pronouncing the verdict, the court observed that it was in favour of certain suggestions made by amicus curiae (friend of the court) senior advocate KV Vishwanathan in the matter, including allowing final-semester law students to take the AIBE on the production of appropriate proof of eligibility.