AIBE Rules 2010 was challenged In Supreme Court by Adv. Parthsarthi Saraf
18th January 2021
A newly enrolled Advocate- Parthasarathy Mahesh Saraf, has filed a writ petition before the Supreme Court challenging The All-India Bar Examination Rules 2010 framed by The Bar Council of India, which mandates that an advocate needs to qualify the AIBE to practice in court. The Advocate questions BCI to prescribe the post-enrollment requirement for practice.
The petitioner has also raised questions on whether the BCI can prescribe the pre-and post-enrollment exam qualification as a condition to practice. The petitioner referred the V Sudheer V. BCI and Indian council of legal aid and advice V. BCI, wherein the Supreme court had quashed the BCI rules as these were against the dictum.
The petitioner stated that the bar examination is a pre-condition for admission to the Bar in the most commonwealth countries like New Zealand, Hong Kong, South Africa, etc. Also, many statutes/Acts of professional courses like MBBS, CA, CS, etc., prescribes mandatory training and examination for the enrolment on the register of the respective professional institutes.
The petitioner also stated that the SC had constituted a High-power committee in 2009 for the training and examination to improve the legal profession's standards. The BCI has ignored such recommendations and has violated the Supreme Court judgments by introducing such a post-enrollment exam.