Source: Supreme Court 

Why in News? 

A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra is hearing a plea challenging the Bar Council of India’s decision to prevent final year law students from appearing in the All India Bar Examination (AIBE).                  

• The Supreme Court observed this in the petition filed under the name of Nilay Rai & Ors v. Bar Council of India. 

What was the Background of Petition Nilay Rai & Ors v. Bar Council of India? 

• A writ petition has been filed in Supreme Court challenging the notification of Bar Council of India (BCI) regarding the eligibility for the All India Bar Examination (AIBE). 
• The notification issued prohibits the final year law students from registering and appearing in the upcoming AIBE. 
• This writ petition has been filed by 9 final year law students of the 3 year LL.B program at Delhi University’s Campus Law Centre and Law Centre. 
• The petitioners have raised the following plea against the notification issued by BCI: 
  • The notification is contrary with the decision of Supreme Court in Bar Council of India v. Bonnie FOI Law College (2023) where the Constitution Bench observed that: 
    • Final year students should be allowed to sit for AIBE (subject to clearing their law degree). 
    • The Court also directed the BCI in this case to conduct the exam twice a year. 
  • The petitioners have further argued that the notification barred them from appearing in upcoming AIBE which leads to the loss of their valuable time in pursuing their professional careers. 
  • The notification is arbitrary as it overlooks the different schedules of universities declaring their results and adversely impacts those students whose results declaration is delayed.  
• The following reliefs have been sought by the petitioner: 
  • To quash the notification issued by the BCI. 
  • To allow the final semester to appear in the upcoming exam. 
  • Interim stay on the notification. 

What were the Court’s Observations?  

• The Supreme Court has sought the response of BCI regarding this petition. 
• The BCI has informed the Court that it was framing rules on allowing final year law students to write the AIBE. 
• Thus, the Court observed that once the rules are framed there will be more clarity on the matter. 
• Thus, the matter will be taken up by the Court after considering the response of BCI.

What is AIBE? 

• The AIBE was approved by the Bar Council of India in a meeting held on 30th April 2010. 
• The AIBE Examination was made mandatory for all law students graduating from the academic year 2009-10 onwards. 
• The candidates may apply to appear in the examination only after enrolling as an advocate under Section 24 of the Advocates Act, 1961. 
• Purpose and Significance of AIBE  
  • The sole aim of AIBE is to improve the standard of the legal profession. 
  • The exam assesses the basic level of knowledge and lays down the minimum benchmark for entering the practice of law in addition to assessing his analytical skills. 
  • A member who has qualified the exam can attend the Court hearings in any tribunals courts and administrative bodies.  
• After clearing the AIBE the candidate is awarded a Certificate of Practice (COP) by the BCI. 

What is the Format and Nature of AIBE? 

• Format 
  • It is conducted in Offline mode 
  • The format of the paper is Multiple Choice Model 
  • Duration is of three and a half hours 
  • It is an Open book Exam 
  • It is conducted in 50 cities having 140 Centres.  
  • The passing percentage is 45% for General/OBC and 40% for SC/ST and Disabled Candidates. 
• Nature  
  • It is a post enrollment examination. 
  • The persons are said to be provisionally enrolled on an undertaking that they would pass the exam within 2 years of the said enrollment.

What are the Other Opportunities for Last Year Law Students? 

• CLAT PG 
  • Every year PSU recruitment takes place through CLAT LLM score. 
  • The PSU’s that conduct the recruitment through CLAT PG are: 
    • Power Grid Corporation of India Limited (PGCIL) 
    • Indian Oil Corporation Limited (IOCL) 
    • Bharat Heavy Electricals Limited (BHEL) 
    • Oil and Natural Gas Corporation (ONGC) 
    • Oil India Limited (OIL) 
    • National Thermal Power Corporation Limited (NTPC) 
• Supreme Court Law Clerk/Research Assistant 
  • The Supreme Court of India announces vacancies for the post of Supreme Court Law Clerk- Research Assistant on yearly basis. 
  • The candidate can be a person studying in the last year of their 5 year or 3-year law degree. 
  • There are three phases of the exam: 
    • Part I : Multiple Choice Questions 
    • Part II : Subjective Written Test 
    • Part III: Interview  
• Rajasthan Judicial Services 
  • For the purpose of being eligible to give any judicial service examination it is important that the candidate should have completed their law degree. 
  • However, a final year student can appear for Rajasthan Judicial Services.