The Supreme Court has advised the Bar Council of India to make it compulsory for all advocates enrolled after 2010 to mention in their vakalatnama whether they have passed the All India Bar Exam (AIBE).
NEW DELHI: On Tuesday, the Supreme Court suggested that the Bar Council of India (BCI) should make it compulsory for lawyers who enrolled after 2010 to clearly mention in their vakalatnama whether they have passed the All India Bar Examination (AIBE).
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The AIBE was introduced in the year 2010, and since then, passing the exam has been mandatory for law graduates to practice law in India. The Supreme Court’s suggestion aims to improve transparency and ensure strict compliance with legal requirements.
This suggestion came from a bench headed by Chief Justice of India (CJI) Sanjiv Khanna, and comprising Justice PV Sanjay Kumar and Justice KV Viswanathan. The Court was hearing a case related to improving rules around legal education and lawyer enrolment in India.
During the hearing, CJI Sanjiv Khanna said that the rule would help bring more clarity and also ensure better regulatory practices under the Advocates Act.
He suggested:
“Why don’t you make it mandatory in the vakalatnama itself to mention if AIBE has been passed? Why not make a rule mandating that every vakalatnama mention the enrolment number, and if the enrolment is after 2010, then let it be mentioned that AIBE is passed…You are the BCI. You are whole and soul. If someone does not do it, then it will be misconduct under the Advocates Act.”
This remark clearly puts the responsibility on the BCI to take initiative and ensure that lawyers follow this rule. The Chief Justice said that not following such a rule could even be treated as “misconduct under the Advocates Act”.
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The background of this hearing is a Constitution Bench ruling from August 2023, which confirmed that no law graduate is allowed to practice law in India unless they have passed the AIBE. That judgment also gave some relief to law students by allowing final-year students to appear for the AIBE, a relaxation that the BCI officially accepted in later notifications.
During the same hearing, another issue was raised — the enrolment fee that law colleges and law students are required to pay. The Supreme Court asked the BCI to clarify whether it plans to file a review petition against the 2023 Constitution Bench judgment concerning the legality and structure of these enrolment fees.
The Supreme Court made it clear that it expects the BCI to take a firm stand on the matter. The case will continue once the BCI clearly states its position.
