O R D E R

1 Issue notice, returnable in four weeks.

2 The proceedings under Article 32 of the Constitution of India have been initiated by final year students of law at Campus Law Centre and Law Centre I, Faculty of Law, University of Delhi. They are aggrieved by a notification dated 3 September 2024 under which final year law students of law are not Signature Not Verified Digitally signed by Chetan Kumar Date: 2024.09.23 Reason:

allowed to take the All-India Bar Examination1 2024.

3 A Constitution Bench of this Court delivered a judgment in Bar Council of India vs Bonnie Foi Law College and Others2. While leaving the issue of the stage at which AIBE has to be conducted to the Bar Council of India, this Court proceeded to make certain observations about the exam itself. Specifically on the issue of eligibility, the Court had noted that a person may have to forego the opportunity to take the exam on account of non- declaration of the result by their law college or university at the time when the exam is conducted. Consequently, such persons may be denied the opportunity to work in Court until the next exam cycle. Therefore, the Bench had remarked that a person would be allowed to take the AIBE as long as they could furnish proof of their eligibility to appear for the final semester of the final year of their law course. The relevant observations of the Constitution Bench are contained in paragraphs 45 to 48 of the opinion of Justice Sanjay Kishan Kaul, which are reproduced below:

“45 The effect of the view expressed by us would be that it has to be left to the Bar Council of India as to at what stage the All India Bar Examination has to be held — pre or post. There are consequences especially in respect of the interregnum period which would arise in holding the All India Bar Examination in either scenario, and it is not for this Court to delve into them but it would be appropriate to leave it to the Bar Council of India to look to the niceties of both situations. However, in view of larger ramifications we do consider it appropriate to delve into some, though not all of the aspects which may get involved in holding the All India Bar Examination, especially in view of some suggestions made by the Amicus Curiae.

46 We may take note of the fact that the All India Bar Examination is scheduled to be held twice in a year. It is necessary that this schedule should be strictly followed as otherwise the students with Law degrees would be left idling their time.

1 “AIBE”

2 (2023) 7 SCC 756

47 One of the questions which arose was whether only on passing the examination from a law university/college or obtaining such a degree should a person be eligible to take the All India Bar Examination? In India, the various recognised institutions providing Law degrees often declare results at different times. The concern is that a person on account of non- declaration of result may lose out on the opportunity to appear in the All India Bar Examination leading to a fairly long hiatus period of time without having the opportunity to work in court proceedings.

48 We are inclined to accept the suggestion from the learned Amicus Curiae that students who have cleared all examinations to be eligible to pursue the final semester of the final year course of Law, on production of proof of the same, could be allowed to take the All India Bar Examination. The result of the All India Bar Examination would be subject to the person passing all the components required under the course of study of the university/college. This would be subject to the All India Bar Examination results being valid for a specified period of time.”

(emphasis supplied)

4 At paragraph 55, the Constitution Bench while agreeing in-principle with the suggestions of the amicus curiae, observed that the suggestions should receive the attention of the Bar Council of India urgently in the process of steps taken to implement the judgment. Though the judgment was delivered on 10 February 2023, rules have not y