Gujarat High Court questioned the legal education system after an LLM degree holder failed the open book AIBE, asking, “If a law graduate can’t pass, who’s failing the student or the system?” Notice issued to BCI.
The Gujarat High Court issued a notice to the Bar Council of India (BCI) after a law master’s (LLM) degree holder failed the All India Bar Examination (AIBE), a crucial requirement for law graduates seeking to practice as lawyers.
The AIBE is conducted in an open book format to assess essential legal knowledge and set a minimum competency standard for entry into the legal profession, while also evaluating candidates’ analytical skills.
The notice was prompted by a petition from Urvi Acharya, who holds an LLM degree in criminal law.
She took the AIBE in December 2024 and was declared unsuccessful. Unsatisfied with the outcome, she requested a re-check, but the BCI’s examination department confirmed her failure even after the review.
Acharya’s lawyer, advocate Pratik Jasani, informed the court that seven out of the 100 multiple-choice questions were officially withdrawn after the exam, which should have lowered the total score to 93 and adjusted the passing marks from 45 to 42.
Jasani argued that the petitioner was an accomplished student, having completed her LLM in criminal law with first-class honors. He added that since she attempted all 100 questions and seven were withdrawn, she should have received grace marks, but this was not clarified by the authority.
The AIBE (All India Bar Examination) is a national-level exam conducted by the Bar Council of India (BCI). It is held to assess whether an advocate has the basic knowledge and skills to practice law in India.
Also Read: AIBE 19 Result 2024 Declared: Check Your Scorecard On Its Official Website
Here are the key points,
- Eligibility: You must have an LL.B. degree and be enrolled with any State Bar Council.
- Purpose: To obtain a “Certificate of Practice,” which is mandatory to practice law in India.
- Frequency: Held multiple times a year (e.g., AIBE XVIII was held in 2024).
- Format:
- Mode: Offline (pen-and-paper)
- Duration: 3 hours 30 minutes
- Type: 100 multiple-choice questions
- Subjects: Covers major law subjects like Constitutional Law, IPC, CPC, CrPC, Evidence Act, etc.
- No negative marking
- Passing Criteria: Generally, 40% for General/OBC and 35% for SC/ST.
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