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 Justice A.M. Khanwilkar issued notice on a petition filed by Parthsarthi Mahesh Saraf, represented by advocate V.K. Biju, who argued that AIBE was being conducted without following the law. Mr. Biju submitted that the All-India Bar Examination Rules of 2010 issued by BCI was compelling people to take the All-India Bar Examination even after enrolment as an advocate.
The petition sought a stay on the conduct of the AIBE. Mr. Biju argued that by conducting the AIBE on January 24 and March 21, the BCI was “illegally and arbitrarily compelling” law graduates to undergo another exam to qualify to practise law, thus restricting their fundamental right to a profession, enshrined under the Constitution.
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The court also issued notice to the BCI on a separate application to stay the conduct of the AIBE. The notice on this plea is returnable in three weeks.
The Bench, during the hearing, noted that an earlier challenge to the AIBE is already pending.