Bar Council of India has power to hold All-India Bar Exam: Supreme Court

New Delhi, February 10

The Bar Council of India (BCI) has powers to hold the All-India Bar Examination (AIBE) that a lawyer is required to qualify to practice law in courts, the Supreme Court ruled on Friday.

“These are adequate powers to the BCI under the said Act (Advocates Act) to provide for such norms and rules. The effect would be that it is left to the BCI as to what stage the AIBE is to be held — pre or post-enrolment,” a five-judge Constitution Bench led by Justice SK Kaul said.

“Even if a person has a law degree, it does not mean his ability to assist the court would continue with them if there are long hiatus period of time in some unconnected job,” it said. The Bench, however, called for uniformity in the fee charged for the exam by different State Bar Councils.

The ruling came on a petition raising issues concerning the AIBE, including at what stage can the examination be prescribed by the BCI under the Advocates Act, 1961.

The Bench, which also included Justices Sanjiv Khanna, AS Oka, Vikram Nath and JK Maheshwari, had reserved its verdict in September 2022 after hearing the petitioners and the BCI.

The SC had in March 2016 said that one of the questions that have been raised for determination was whether the BCI is competent to prescribe an examination post-enrolment of an advocate as a condition of eligibility for his continuing to practice at the Bar. It had said that the questions that fall for determination are of considerable importance affecting the legal profession in general and need to be authoritatively answered by a Constitution Bench.