Should AIBE Examination Be Abolished? Calls to Issue Certificate of Practice Based on Graduation Marks
Should AIBE Examination Be Abolished? Calls to Issue Certificate of Practice Based on Graduation Marks
The recent Shiksha poll and voices from legal professionals have sparked a significant debate over the future of the All India Bar Examination (AIBE) conducted by the Bar Council of India (BCI). Many advocates and law students are calling for scrapping the AIBE exam and instead issuing the Certificate of Practice (CoP) based on graduation marks alone. This movement questions the necessity and scientific credibility of the bar exam for law graduates seeking to practice law in India.
Background on AIBE and Its Current Role
The AIBE is a national-level certification exam designed to assess a law graduate's knowledge of fundamental legal principles, procedures, and ethics before allowing them to practice law in Indian courts. Passing the AIBE grants the aspirant a Certificate of Practice (CoP), which is mandatory to legally practice as an advocate. The 20th edition of the exam (AIBE 20) is tentatively scheduled for December 2025 in offline mode.
The Demand to Scrap AIBE
A considerable number of advocates and students, including the All India Lawyers Union's Bengaluru district president TR Venkatesh Gowda, argue that the AIBE is unscientific and lacks transparency. They highlight instances where even advanced law graduates (e.g., LLM holders) have failed the exam, which raises questions about the exam’s relevance and fairness. They point out a glaring contradiction: professions like engineering and medicine do not mandate such a licensing exam post-graduation, so why should law graduates be subjected to it? The union has submitted a memorandum demanding the abolition of the AIBE and is prepared to escalate protests if their demands are not addressed.
Arguments in Favor of Issuing CoP Based on Graduation Marks
Supporters of scrapping AIBE advocate for recognizing the law degree results as sufficient proof of a candidate's competence to practice law. They argue:
- The law curriculum already covers essential knowledge and skills required to practice.
- The exam adds an additional barrier that delays or blocks entry to the profession.
- The current exam's pass criteria recently increased for the general category to 45%, making it tougher for candidates to qualify despite completing law school successfully.
- Removing AIBE would simplify the transition from education to legal practice, aligning law with other professional fields.
The BCI’s Position and the Road Ahead
As of now, the Bar Council of India continues to conduct the AIBE to maintain a standardized benchmark for legal practitioners. It sets qualifying marks after considering exam difficulty and previous performances. The BCI officially releases notifications and exam updates periodically.
However, with growing dissent voiced in polls like Shiksha’s and organized movements by advocates, the BCI may need to reconsider the exam’s structure or the entire certification process to address the concerns of transparency, fairness, and practicality.
Conclusion
The call to scrap the AIBE exam and issue Certificates of Practice based on law graduation marks stems from a broader debate on professional licensing and access to the legal profession in India. While the AIBE aims to ensure competent legal practice, critics argue it poses unnecessary hurdles. This ongoing discourse may push the Bar Council of India to revisit the certification framework and possibly reform how legal practitioners are licensed in the coming years.