SC upholds validity of All India Bar Examination to practice as advocates

The Supreme Court on Friday affirmed the validity of the All India Bar Examination, saying the Bar Council of India has sufficient powers under the law to prescribe pre and post-enrolment test for advocates.

A five-judge bench led by Justice Sanjay Kishan Kaul ruled that Advocates Act conferred adequate powers to the BCI to lay down the norms.

The bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath, and J K Maheshwari, said it would be left to the BCI to decide as to what stage the AIBE is to be held pre or post enrolment.

The bench also declared that an enrolled advocate who takes up a non-legal job for at least five years will have to sit for the AIBE exam again in order to practice as lawyer.

Also Read: Goa disqualification case: Bombay HC issues notices to Speaker, 8 BJP MLAs

It further said that the experience as a lawyer will count subsequently.

The BCI had said the requirements of apprenticeship and bar examination are extremely pivotal in ensuring the high standards of the legal profession.

"If the entry of advocates is not regulated by BCI by means of relevant Rules, the entire justice delivery system would be inevitably hampered. The pre-enrolment bar examination is being conducted in many countries including USA, UK, Canada, France, Germany and China," it said.

The BCI had asked the top court to overrule the judgements passed in 'V Sudeer vs Bar Council of India & Anr' reported in (1999) and 'Indian Council of Legal Aid and Advice and Others vs Bar Council of India & Anr' (1995) to the extent it takes away the Power of the BCI to regulate the entry of law graduates in the profession prior to their registration.

Senior advocate K V Vishwanathan acted as amicus curiae in the matter.