The Supreme Court has upheld the Bar Council of India’s rule mandating a qualifying exam for Indian citizens with foreign law degrees, dismissing a plea seeking exemption. The ruling affects candidates awaiting the AIBE and Bridge Course.
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NEW DELHI: The Supreme Court of India on Friday dismissed a petition challenging the Bar Council of India (BCI)’s rule requiring Indian citizens holding foreign law degrees to clear a separate qualifying examination, even after completing the mandated two-year Bridge Course. The case was heard just two days before the All India Bar Examination (AIBE) scheduled for November 30.
A Bench of Justices Vikram Nath and Sandeep Mehta refused to grant urgent relief that would have permitted the petitioner to appear for the AIBE without clearing the qualifying test, noting that the petitioner had already approached the Delhi High Court and subsequently withdrawn a similar plea.
Petitioner’s Case
The petition was filed by a 25-year-old Indian law graduate from Brunel University, London, who recently completed the BCI-prescribed Bridge Course at the India International University of Legal Education and Research (IIULER), Goa.
The petitioner argued that:
- The qualifying examination lacked statutory backing.
- It duplicated the assessment already undertaken via the Bridge Course and the AIBE.
- The requirement contradicted a ruling of the Karnataka High Court, which held that no additional exam is necessary after completion of the Bridge Course.
- There are now directly conflicting decisions between the Karnataka High Court and the Delhi High Court, creating uncertainty for similarly placed candidates.
Advocate Vipin Nair, representing the petitioner, clarified that relevant Delhi High Court orders were duly placed on record and there was no concealment.
BCI’s Response
The Bar Council of India informed the Court that the petitioner had earlier approached the Delhi High Court but withdrew the petition after the BCI assured that:
- Provisional enrolment would be allowed once candidates clear the qualifying exam.
- Candidates can start legal practice pending their attempt at the AIBE.
- The next AIBE will be conducted in June 2026, preventing any conflict with the qualifying exam scheduled for December 2025.
The Supreme Court noted that because the petitioner sought similar relief previously and withdrew the case, no grounds existed for interference.
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Supreme Court Decision
The Bench rejected arguments regarding the distinction between High Court and Supreme Court issues, stating that the petitioner had already pursued and withdrawn an alternative remedy. The plea was therefore dismissed.
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