The Delhi High Court dismissed a PIL seeking negative marking in the All India Bar Examination (AIBE) and criticized petitioner stating, “The difficulty is you read the newspaper in the morning and whatever catches your imagination becomes the subject matter of a PIL.”
The Delhi High Court dismissed a public interest litigation (PIL) on Wednesday that called for the implementation of negative marking in the All India Bar Examination (AIBE).
A Division Bench, consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, stated that such a decision falls under the purview of the Bar Council of India (BCI) and that the courts cannot issue directives in this context.
The Bench questioned,
“This is all a policy decision to be taken by the authorities concerned. BCI has taken a decision not to have negative marking. How can we issue such a direction?”
The court also criticized the petitioner, advocate Shannu Baghel, for initiating the PIL.
The Bench remarked,
“The difficulty with you people is, don’t take it otherwise. The difficulty is you read the newspaper in the morning and whatever catches your imagination becomes the subject matter of a PIL,”
The petition argued that the lack of negative marking undermines the standards of the legal profession, allowing candidates to pass through guesswork instead of demonstrating actual legal competence.
It contended that without negative marking, the examination promotes random guessing, which detracts from its purpose of evaluating minimal professional ability.
The petition also claimed that inadequate vetting of advocates negatively impacts litigants’ right to effective legal representation and the broader administration of justice.
However, the court pointed out that the petitioner had not demonstrated any infringement of rights.
The Bench asked,
“This is a policy decision. Where is your right? You can come to court only in case there is an infringement of your right. Where is the right? Merely because you think the negative marking should be there, it should become the basis of negative marking in the AIBE?”
Consequently, the court dismissed the PIL, stating,
“Heard the petitioner in person. This PIL has been filed to issue a direction to BCI for introducing negative markings in AIBE from 2026 onwards. As to what format of examination can be introduced is a policy decision of the BCI. The petition is therefore dismissed.”
Also Read: AIBE | How To Crack All India Bar Examination In Your 1st Attempt !
The All India Bar Examination (AIBE) is a mandatory qualifying exam conducted by the Bar Council of India for law graduates who wish to practice as advocates in Indian courts.
Any candidate with a recognized LL.B. degree can appear for the exam, which tests their knowledge of various legal subjects, including Constitutional Law, Criminal Law, Civil Law, and Professional Ethics.
Passing the AIBE is essential to obtain a Certificate of Practice, which legally allows a candidate to represent clients and practice law across India. The exam is usually conducted once a year and ensures that lawyers have the basic competence required to serve in the legal profession.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
