Bar Council has enough powers to conduct All India Bar Examination: SC

A Constitution Bench of the Supreme Court headed by Sanjay Kishan Kaul on Friday upheld the validity of the AIBE that law graduates are required to take, in order to be allowed to practice before courts

The Supreme Court on Friday held that the Bar Council of India (BCI) has adequate powers to conduct the All India Bar Examination (AIBE).

A Constitution Bench of the Supreme Court headed by Sanjay Kishan Kaul on Friday upheld the validity of the AIBE that law graduates are required to take, in order to be allowed to practice before courts.

The Court was hearing the petitions challenging the validity of the All India Bar Exam.

The issue that the court was dealing with has been whether the BCI prescribes a pre-enrolment exam as a condition precedent for enrolment among others.

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"We are thus of the opinion that while considering the questions referred to us, the only conclusion which can be laid is the judgment of this 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," the court said.

The court also said that- the effect of this would be that it is left to the BCI to decide at what stage the AIBE is to be held, pre or post.

It remarked that it is not for the court to delve into the issue of holding the AIBE in either scenario.

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