SC agrees to hear plea challenging All India Bar Examination Rules 2010
PTI
New Delhi |
Updated on
January 18, 2021
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Referring to the rules, the plea said it mandates that no advocate, enrolled under the Advocates Act 1961, shall be entitled to practice unless they pass the AIBE conducted by the BCI. The Supreme Court Monday sought responses from the Centre and the Bar Council of India (BCI) on a plea challenging the All India Bar Examination (AIBE) Rules 2010, which provides that an advocate has to qualify the exam to practice law in courts.
A bench headed by Justice A M Khanwilkar issued notices on the petition which has sought quashing of the 2010 Rules framed by the BCI alleging that it violates the Advocates Act and it “illegally and arbitrarily” compel a lawyer to undergo AIBE even after his or her enrolment as an advocate.
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The Supreme Court on Monday asked the Bar Council of India (BCI) to respond to a plea challenging the All-India Bar Examination (AIBE) as a restriction to practising law as an advocate.A Bench led by
All India Bar Examination Rules 2010 framed by the
Bar Council of India which mandate that an advocate has to qualify the All India Bar Examination (AIBE) to practice law after enrollment.
The petition filed by Parthsarthi Mahesh Saraf, who enrolled in 2019, questions the authority of the BCI to prescribe such a post-enrollment requirement for practice. The petitioner also challenges the notification issued by the BCI on December 21, 2020 regarding the holding of AIBE 2021 on January 24 and March 13.
A bench headed by Justice AM Khanwilkar is considering the petition for admission tomorrow, January 18.
The petitioner points out that the issue whether the Bar Council of India has the power to prescribe qualification of a pre-enrollment or post-enrollment exam as a condition to practice has been referred to the Constitution Bench by a three judge bench on March 18, 2016(SLP(c) 22337/2008). The reference is still pending.