Today, on 20th January, The Supreme Court was informed that the Bar Council of India has framed rules permitting final semester law students to appear for the All India Bar Examination. Justices Vikram Nath and Sandeep Mehta AIBE will be held twice yearly.
NEW DELHI: The Supreme Court of India was informed that the Bar Council of India (BCI) has established new rules allowing final semester law students to take the All India Bar Examination (AIBE), an essential requirement for law graduates to enroll as practicing advocates.
The BCI also informed the Bench, which included Justices Vikram Nath and Sandeep Mehta, that the AIBE will now be conducted twice a year, a change from the previous annual schedule.
In light of this development, the Court dismissed a plea requesting judicial intervention on related matters. Earlier, during a hearing in September 2024, the BCI had signaled its intention to frame rules regarding this issue.
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In a subsequent hearing that same month, the Court had directed the BCI to allow final year law students to register for AIBE XIX, set for November of that year.
During the current hearing, the BCI’s counsel confirmed to the Court that rules permitting final year law students to take the exam have now been established. Additionally, the BCI indicated that the AIBE will be held twice a year under the new regulations.
The BCI counsel said,
“This is the case where (it was sought that) last semester students should be allowed to sit for the AIBE. We have framed the rules. The prayers have been taken care of. The AIBE will be conducted at least twice a year and the last semester students will be allowed to sit for AIBE, subject to them clearing the final (semester) exam,”
The Court noted this submission and disposed of the petition.
The order stated,
“The counsel for the petitioner states that the purpose of the writ petition has been served. BCI has already framed AIBE rules 2026,”
The petition was filed by nine final year law students from Delhi University who challenged a BCI notification that prevented them from sitting for the AIBE before graduation. Passing the AIBE is mandatory for practicing in Indian courts.
The petitioners argued that the BCI’s decision contradicted a ruling from a Constitution Bench, which allowed students eligible to pursue their final semester to take the AIBE. They also referenced an October 2023 ruling by the Telangana High Court, which had urged the BCI to resolve the issue in light of the Constitution Bench’s comments.
They contended that the BCI’s restriction on final semester students taking the AIBE created an arbitrary distinction between students whose universities had declared results and those that had not. Consequently, they sought to quash the notification in question and requested permission to take the exam, expressing concerns about losing valuable time in their professional careers.
The petition was submitted through advocate A Velan.
Notably, the recommendation to the Constitution Bench to permit final year law students to take the Bar exam was initially made by then Amicus Curiae KV Viswanathan, who is now a Supreme Court judge.
Case Title: Nilay Rai v. Bar Council of India and ors
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