Supreme Court Issues Notice on AIBE 2024 Eligibility for Final Year Law Students.


20 September 2024 Education >> Miscellaneous  

In a significant development in Nilay Raj and Others vs Bar Council of India for final year law students, the Supreme Court has issued a notice returnable in four weeks regarding the eligibility criteria for the upcoming All-India Bar Examination (AIBE) 2024. This notice follows concerns raised by students from Campus Law Centre and Law Centre I at the University of Delhi, who were informed by a notification dated September 3, 2024, that they would not be allowed to sit for the AIBE due to pending results.

Background:

The issue stems from a previous ruling by a Constitution Bench of the Supreme Court in the case of Bar Council of India vs. Bonnie Foi Law College and Others (2023). The Bench highlighted the complications arising from the timing of result declarations by law colleges and universities, which can prevent eligible students from taking the AIBE. The Court emphasized that students should not be denied the opportunity to appear for the exam simply due to the timing of result declarations, as this could lead to extended periods without employment opportunities.
The Constitution Bench underscored that students who have cleared all examinations necessary to progress to their final semester should be permitted to register for the AIBE, provided they can demonstrate proof of eligibility. This decision aimed to alleviate the uncertainties faced by students and ensure they could transition smoothly from education to practice.

 

 

Current Proceedings:

Despite the judgment being delivered on February 10, 2023, the Bar Council of India has yet to frame the necessary rules to implement these recommendations. During the latest hearing, counsel for the Bar Council requested additional time to confirm when the rules would be established. It was indicated that the rules might be ready within four to six weeks, a timeframe that coincides with the registration deadline for AIBE, set for October 25, 2024.
Given the urgency of the situation, the Supreme Court has stressed that it would be manifestly unjust to deny qualified students the chance to take the AIBE. Thus, the Court has directed that all students who meet the eligibility criteria outlined in the Bonnie Foi judgment be allowed to register for the examination.

Implications and Future Directions:

The Supreme Court’s directive emphasizes the responsibility of the Bar Council of India to facilitate the examination process effectively. It reflects the Court's commitment to ensuring that all law students, regardless of the timing of their college results, have the opportunity to enter the legal profession. The Bench articulated its expectations that the Bar Council would ensure that only qualified candidates, well-prepared in legal knowledge, are allowed to pass the AIBE. The directive serves as a reminder that the system must accommodate students who have no control over their academic timelines.
The Court has scheduled the next hearing for this case on October 25, 2024, which coincides with the registration deadline for AIBE 2024. As the legal landscape evolves, the Court's proactive approach highlights its dedication to justice for aspiring lawyers and the importance of equitable access to professional examinations.