SC affirms validity of All India Bar Examination, BCI has powers to prescribe exam
New Delhi, Feb 10: The Supreme Court on Friday affirmed the validity of the All India Bar Examination (AIBE) and emphasized that the Bar Council of India (BCI) has enough powers to hold pre-enrolment or post-enrolment exams.
A five-judge bench headed by Justice Sanjay Kishan Kaul held that the Advocates Act confers adequate powers to the BCI to prescribe norms. The bench — also comprising Justices Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.K. Maheshwari — said “the effect of this would be left to the BCI as to what stage the AIBE is to be held pre or post enrolment…”
The bench stressed that an enrolled advocate, who takes up a non-legal job for at least five years, will have to sit for the AIBE exam again in order to practice. It further added that the experience as a lawyer will count subsequently.
The top court had reserved its judgment on a clutch of petitions challenging the validity of the qualifying examination conducted by the bar council. Detailed judgment will be uploaded later in the day.
