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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.

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