SC questions BCI authority to conduct AIBE
Updated on Mar 2, 2016 - 11:57 a.m. IST by Apratim Chatterjee
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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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More like AIBE

Questions related to AIBE

Showing 402 out of 402 Questions
7 Views

When is the AIBE-15 (exam) likely? Some say April 2020, some May/Jun and others Sep 2020. Please do clarify.

Sanjanaleekha 19th Feb, 2020

Hi there,

Going by the previous year trend of AIBE 14 exam, the application process began in June,2019 and the exam was conducted in September,2019. The tentative date for the next AIBE-15 would be somewhere around September,2020. For your reference i have provided the link to the website where notification for next AIBE will be uploaded, http://allindiabarexamination.com/about_us.aspx

2 Views

WHEN WILL CONDUCT AIBE EXAM15 TH BATCH ?

Raj Aryan Sharma 18th Feb, 2020

Hi Arrepu.

The BCI will open the AIBE XV or exam 15th 2020 applications in online mode tentatively in the 2nd week of June. Now, the AIBE 2020 exam will probably be conducted in the 3rd week of September 2020. The exam will be open-book type and will be conducted in offline mode.

All the best.

6 Views

all india bar exam previous question paper

Suryashis Chakraborty 12th Feb, 2020

Hello Kamthe,

The  All India Bar Examination  (AIBE) examines an advocate's capability to practice the profession  of  law in  India  . After passing the  examination  candidate will be awarded "Certificate  of  Practice" by the  Bar  Council  of India  .

The previous year's questions papers and sample papers are designed to give candidates a reality check of the toughness of the AIBE and help them prepare on a superior note.

You can download the previous year's questions papers and sample papers from our website via the following link:

https://law.careers360.com/articles/aibe-sample-papers

Hope this helps you. We wish you the best for your future endeavours!

Regards

217 Views

How do we get the certificate after we have passed the exam?

Geeta Devi 5th Feb, 2020

Name – Geeta Devi W/o Sanjay Kumar

Vill & Post – Baberu

District- Banda

Registration No. UP3652/15

COP No. 2016/137157

Result is Pass but certificate not received

17 Views

what is the date for filling from of aibe exam 3020

Indrajit Gupta 23rd Jan, 2020

Hello shah,

The registration for aibe (All India bar examination) exam starts from 2nd week of January 2020 and will be end on 1st week of January.

For further details about aibe exam, please check below the mentioned link:-

https://www.google.com/amp/s/law.careers360.com/articles/aibe/amp

I hope this helpful for you.

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