The Supreme Court on Monday inquired the responses from the Centre and the Bar Council of India (BCI) on a plea questioning the All India Bar Examination (AIBE) Rules 2010, which states that an advocate has to pass the exams to practice law in courts.
A bench led by Justice A M Khanwilkar released notices on the petition which has suppressed the 2010 Rules formed by the BCI alleging that it violates the Advocates Act and it “illegally and arbitrarily” forces a lawyer to take AIBE even after his or her enlistment as an advocate.
“Issue notice on the writ petition,” informed the bench, along with Justices Krishna Murari and B R Gavai. The bench also delivered notice on the application for stay and listed it after next three weeks.
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Thane-based Parthsarthi Mahesh Saraf, the petitioner has registered an application wanting interim direction to restrain the BCI from holding AIBE on January 24, 2021, and March 21, 2021, till the apex court takes a final decision on the concerned matter.
During the hearing held via online video-conferencing, advocate V K Biju, appearing for the petitioner, informed the bench that Bar Council is proceeding to hold the examination this year in lack of any statutory provision.
While challenging the BCI's power to follow such a requirement, the petitioner has also asked for an interim direction to allow him to practice in courts as he has already joined as an advocate. The plea has also put down the BCI’s press release for holding AIBE this year.
Based on the 2010 Rules by the BCI, the plea mentioned that it is compulsory that every advocate, enrolled under the Advocates Act 1961, shall be entitled to practice once he or she qualifies the AIBE.
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