Supreme Court affirms BCI power to hold All India Bar Examination

The Supreme Court on Friday affirmed the powers of the Bar Council of India to hold the All India Bar Examination (AIBE), a test that a lawyer has to qualify to practice law in courts of the country.

“These are adequate powers to 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 what stage the AIBE is to be held - pre or post enrolment,” said a five-judge Constitution bench headed by Justice S K Kaul.

The court's order came on a petition which 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, also comprising Justices Sanjiv Khanna, A S Oka, Vikram Nath, and J K Maheshwari, had reserved its verdict in September last year after hearing arguments in the matter.

The apex court in March 2016 had observed that one of the questions that have been raised for determination was whether the BCI is competent to prescribe an examination post-enrolment of an advocate as a condition of eligibility for his continuing to practice at the Bar.

The apex court had said that the questions that fall for determination are of considerable importance affecting the legal profession in general and need to be authoritatively answered by a Constitution bench.

It had thus referred three questions, including whether pre-enrolment training in terms of Bar Council of India Training Rules, 1995 framed under section 24(3)(d) of the Advocates Act, 1961, could be validly prescribed by the BCI and if so whether the decision in Sudeer vs Bar Council of India & Anr requires reconsideration, for consideration by a five-judge bench.