The petitioners are all final-semester students enrolled in the 3-year LL.B. program at Delhi University’s Campus Law Centre and Law Centre-I. Their petition contests the Bar Council of India’s notification dated September 3, 2024, which bars final-year law students from registering for and appearing in AIBE-XIX, scheduled for November 24, 2024.
![[AIBE 2024 Controversy] CJI Seeks Clarification from BCI on Excluding Final Year Law Students from Bar Exam](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/TDUKJFGN.jpg?resize=820%2C461&ssl=1)
NEW DELHI: Today (13th Sept): A writ petition has been filed before the Supreme Court challenging a recent Bar Council of India (BCI) notification that prevents final-year (final semester) law students from registering for or taking the All-India Bar Examination (AIBE) scheduled for November 24, 2024.
The case was heard by a Bench led by Chief Justice of India DY Chandrachud, with Justices JB Pardiwala and Manoj Misra, on Friday, September 13.
The petitioners are all final-semester students enrolled in the 3-year LL.B. program at Delhi University’s Campus Law Centre and Law Centre-I. Their petition contests the Bar Council of India’s notification dated September 3, 2024, which bars final-year law students from registering for and appearing in AIBE-XIX, scheduled for November 24, 2024.
The petition claims that this notification goes against the Supreme Court’s ruling in the Bar Council of India v. Bonnie FOI Law College (2023) case, where final-semester law students were permitted to take the AIBE.
The Supreme Court directed the BCI to conduct the AIBE twice a year and allow final semester students to appear for the exam, provided they successfully complete all components of their law degree.
The petitioners also reference a Telangana High Court order from October 6, 2023, in the case of Rajasekhar Simma v. Bar Council of India (Writ Petition No. 25056 of 2023). In that case, the High Court instructed the BCI to consider permitting final-year law students to take the AIBE, in accordance with the Supreme Court’s judgment.
The petitioners argue that the BCI’s action infringes on their fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution. They contend that the restriction on their right to practice their profession is unreasonable and has been imposed through executive action rather than by law.
They contend Denying them the opportunity to sit for the AIBE would result in them losing valuable time in starting their professional careers after graduation. It violates their right to procedural due process under Article 21. It undermines their legitimate expectation that a statutory body will adhere to the law. – It creates an arbitrary distinction between students from universities that have announced results and those that haven’t, violating Article 14.
The petition seeks to have the BCI’s notification quashed and requests that the students be allowed to take the AIBE-XIX.
Additionally, an application for an interim stay of the notification has been filed, asking the court to permit the petitioners to take the AIBE-XIX pending the case’s final resolution.
The petitioners have criticized the BCI’s notification as “arbitrary” and “unreasonable,” highlighting its disregard for the differing result announcement schedules of universities. They argue that this inconsistency unfairly burdens students with delayed results, impeding their professional advancement.
The petitioners seek three main reliefs:
- the annulment of the BCI’s notification,
- authorization for final-semester students to sit for the upcoming AIBE, and
- an interim stay on the notification until the issue is resolved.
During the hearing, the Supreme Court has requested the BCI’s counsel to provide a detailed explanation for the exclusion of final-year students and to submit a justification by next week.
