SC questions BCI authority to conduct AIBE
Apratim Chatterjee, 02 Mar 2016, #AIBE
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Supreme Court has questioned authority of Bar Council of India (BCI) on conducting AIBE, a qualifying exam made mandatory for law graduates for beginning their practice in courts. BCI licenses advocates who qualify AIBE, to practice in courts after awarding them with ‘Certificate of Practice’.  

A bench of Chief Justice T S Thakur and Justice U U Lalit asked the BCI whether it had statutory backing to conduct the examination.  Further, it observed that the right to practice law is mentioned in the Advocates Act; therefore BCI is refuting an advocate of his rights as he will not be able to practice law unless he clears AIBE as per the rules. “To say that one has to pass an examination for practicing as an advocate will negate his or her right to profession. He has a fundamental right to practice. Conditions can’t be put after enrolment. If, at all, it is required, the condition should be put at the enrolment stage,” the bench said.

"A committee appointed by the SC had recommended amendments to the Advocates Act before conducting such an examination. But you (BCI) went ahead with the AIBE merely on the basis of a resolution," it said.

The Supreme Court will now be hearing BCI’s response on this issue on March 2.

The ongoing hearing may also affect AIBE IX 2015 scheduled to be held on March 6. The admit cards are already available with candidates for this exam.

Background of AIBE

The Law Commission of India, in its 184th Report to the government in 2002, had recommended amendment of the UGC Act for setting up a 'Legal Education Committee' and amendment of the Advocates Act to set up a similar committee by the BCI.

The commission had recommended, "A law graduate shall get training from advocates having 10 years of experience in courts and should also qualify a bar exam before being allowed to practice". However, the BCI, under the chairmanship of the then Solicitor General, Gopal Subramaniam, had passed a resolution to conduct AIBE and went ahead with it from 2010.

What happens next?

The SC has clarified that it was not against holding the examination per se but just needs answers over holding the fundamental right of a citizen to practice any profession as per Article 19 (1) (g) of the Constitution of India.

As soon as BCI responds to SC’s notice, it will be clear whether BCI will be allowed to conduct AIBE or not?

Stay tuned to law.careers360.com for AIBE

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Questions related to AIBE

Showing 367 out of 367 Questions
2 Views

Dar sir aib 14 (2019) when coming ?

Aditya kumar Student Expert 13th Oct, 2019

Hello there!

Greetings!

The Bar Council of India hasn't released the results of AIBE yet , it will announce AIBE Result 2019 XIV (14) tentatively in the month of October in online mode only. Candidates like you can check the AIBE 2019 result XIV (14) by logging into their registered accounts. BCI will also give the candidates like you an opportunity to request for rechecking of their BCI AIBE Results. You should note that the AIBE 14 2019 results will be declared for only those candidates who have appeared for the AIBE exam. For more and detailed information go through :- https://law.careers360.com/articles/aibe-result

21 Views

IF I PASSED LLB IN 2002 IS IT COMPULSORY TO APPEAR AIBE

md afzal beeyabani 17th Oct, 2019

No, there is no need to write bar exam for the pass outs before 2010. Directly they can enroll.

126 Views

How many times All India Bar Examination is conducted in an year?

Aditya kumar Student Expert 3rd Oct, 2019
Hello there!

Greetings!

All India Bar Examination i.e. AIBE is ideally conducted twice a year , but BCI has track record of postponing bar exams from their originally announced schedules due to which it is generally conducted only once in a year . So it is conducted at least one in a year.

Thankyou
110 Views

when AIBE XV (15) will be conducted?

Papeya Dubey Student Expert 4th Oct, 2019

Hello,


Tentatives dates for AIBE 2020 are-


Online Registration will be started in last week of September, 2020.

Last date for registration and fee payment will be seconf week of December, 2020

Exam will take place in the month of December, 2020.


These are merely tentative dates and are subject to change as no official announcement has been made regarding this matter.

113 Views

1 एक बार All India Bar exam mein परीक्षा शुल्क जमा करने के बाद कितनी बार परीक्षाएं दी जा सकती हैं ?

Tamajit Student Expert 8th Oct, 2019

Hi Sp,

Once you have applied for the AIBE which is conducted by Bar Council of India and have paid the fee against the enrollment or registration of the examination, you can appear for the exam only once in that academic year provided you meet the other eligibility criteria for the concerned exam. The exam fee that you pay is for appearing for the AIBE exam only once. If you fail to clear the examination in the first attempt then you have to wait for the next year and apply again afresh by filling out a new application form and paying the subsequent exam fee and then appear for the exam in the next attempt. The basic eligibility criteria for AIBE is that the candidate should possess a full time LL.B degree from any institution from any state which is recognized by the Bar Council of India.

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