Background –
In the case of Nilay Ray v. Bar Council of India and Ors., the Supreme Court, on September 20, 2024, allowed the final year law students to appear for the All India Bar Examination (AIBE), being a qualifying test for legal practice. Though it was affirmed by the Apex Court that the BCI had the power to hold the AIBE, in the judgment pronounced on February 10, 2023. Herein, the Court accepted the recommendations posed by the students, thus allowing the final-semester law students to appear and give the AIBE.
Key Aspects –
Herein, in this case, a three-judge bench comprising of Hon’ble Chief Justice of India D. Y. Chandrachud, Justice JB Pardiwal, and Justice Manoj Misra, had passed an order in the petition filed by nine final-year law students, led by Nilay Rai, who have been enrolled in the 3-year LLB Program, at Campus Law Centre, Faculty of Law, Delhi University, through Advocates A. Velan and Navpreet Kaur.
It was challenged through the Writ Petition that, the Notification issued by the Bar Council of India had barred the final-year law students from taking the AIBE. Further, it was also contended by the students that, they should not be made to suffer for the delay in the declaration of final-year law exams, which would otherwise result in losing a year for them.
This Petition was filed primarily for seeking three reliefs:
- Firstly, for the quashing of the BCI Notification restricting final-year law students from taking the AIBE.
- Secondly, a direction allowing the final-semester law students to appear in the AIBE.
- Thirdly, an interim stay on the enforcement of the notification issued by BCI, until the issue is resolved.
Besides the above, the following points were noted in the order:
- Firstly, it was argued by the law students that the decision of the BCI, given in the Notification, was contrary to that of the Judgment of the Constitution Bench in the case of Bar Council of India v. Bonnie Foi Law College & Ors., according to which all the final-year law students must be allowed to appear in the AIBE.
- Secondly, on questioning about the non-framing of rules for the AIBE that was to be done in prior when the previous Order was made in February, 2023, and in consonance with the recommendations given by the Constitution Bench, it was submitted by the BCI that they required time for the framing of rules in relation to allowing final-year law students to take the AIBE. It was also noted that the same would be done within 4 to 6 weeks. This was nevertheless seen to be unfair for a large number of students who are to appear for the exam on November 24, 2024, whose last date of applying was October 25, 2024.
- However, owing to the fact that various recognised institutions providing law degrees, declare results at different times, such non-declaration of the result, was thought that, should not allow a student to lose the opportunity to appear in the AIBE. Furthermore, the Bench had previously also directed the BCI to conduct the AIBE twice in a year.
Thus, the Court allowed for the registration of students who fall under the ambit of the Constitution Bench Judgment, previously pronounced by Hon’ble Justice Kaul, emphasising on Paragraph 38 of that Order. This was passed with the opinion that “in the absence of such a direction, the students, who have appeared for several exams in State universities and are awaiting results, will be left in the lurch”. However, this would be treated as an interim direction, applying to the examination that is to be held on November 24, 2024.
The recommendations put forth by the students was accepted by the Supreme Court, allowing those who have cleared all examinations to be eligible to pursue the final semester of the final year course of law, on production of proof of the same, could be allowed to take the AIBE. However, the results of the AIBE would be subject to the student passing all the necessary components required under the relevant course of study of the University/College. This would necessarily mean that, the results of the AIBE would be valid for a specific period of time.
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Written by – Thanuja Anthiyur Aravindan
