Thread by @barandbench

Constitution bench of the #SupremeCourt Constitution Bench to deliver verdict on the petitions challenging the validity of the All India Bar Exam #AIBE

The three main issues which the judgment will answer are:

Can the Bar Council of India (BCI) prescribe a pre-enrolment exam as a condition precedent for enrolment?

Can BCI prescribe pre-enrolment training in terms of its training rules issued in 1995?

@barcouncilindia #AIBE

The last issue for consideration was: If a pre-enrolment exam is not permitted, can BCI prescribe a post-enrolment exam in alignment with Section 49 (1) (ah) of Advocates Act, 1961?

#SupremeCourt #AIBE @barcouncilindia

Court: These are adequate powers to Bar Council of India under the said act to provide for such norms and rules.

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Court: We are thus of the opinion that while considering the question referred to us the only conclusion which can be laid is that the interdict place where the judgment of this case..

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Court: ..in V Sudeer on the powers of BCI cannot be sustained and we cannot hold that it lays down the correct position of law.

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Court: The effect of this would be that it is left to the BCI as to at what stage the AIBE is to be held- pre or post.

There are consequences which would arise in holding the AIBE in either scenario and it is not for this court to delbe into them.

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Court: But it is for the appropriate to leave the BCI to look into both the situations. However, we do consider apt to delve into some aspects which would involve in the AIBE.

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Court: We are inclined to accept the suggestion of the Amicus that the students who appeared in all examinations to be eligible to pursue the final semester of the final year. On production of proof , they could be allowed to take AIBE

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Court: The result of AIBE would be subject to passing. More often that not, there will be hiatus.

The eligibility of a law graduate to perform certain tasks may arise.

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Court: Any graduate with degree will get to appear for bar exam and enrolled should be able to do all tasks allied to the legal profession other than the function of pleading before court.

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Court: An appropriate rule can be framed laying down that an enrolled advocate who takes up employment in a non-legal context for substantial length would be deemed to be new enrollee and required to take AIBE again.

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Court: Different states bar councils charging different fee needs attention of BCI .. a uniform pattern to be observed.

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Court: Judgment to be prospectively applicable. Take necessary steps in three months.

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