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ଓଡ଼ିଆ | ENGLISH
ଓଡ଼ିଆ | ENGLISH

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Published By : Pradip Subudhi
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New Delhi, February 11: The Delhi High Court on Wednesday dismissed a Public Interest Litigation (PIL) that sought the introduction of negative marking in the All India Bar Examination (AIBE). The court ruled that such matters fall within the policy jurisdiction of the Bar Council of India (BCI), and it cannot issue directions in this regard.

A Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, noted that the decision on the examination format is the responsibility of the concerned authorities. "This is a policy decision to be made by the authorities. The BCI has decided against negative marking. How can we intervene?" the Bench remarked, rejecting the petition.

The PIL had been filed by advocate Shannu Baghel, who sought directions to the BCI to implement negative marking in the AIBE starting from the upcoming session. The petitioner argued that the introduction of negative marking was essential to maintain the integrity and standards of the legal profession. According to the petition, the AIBE plays a critical role in granting permanent enrollment to advocates, allowing them to practice in courts, including the Supreme Court, High Courts, and district courts.

The petition highlighted concerns over the declining quality of legal services, citing issues such as allegations of degrees being obtained through illicit means, the shift of LLB courses to hybrid modes, and the rise of fake degrees. The petitioner contended that introducing negative marking in the AIBE, particularly from the exam scheduled in April 2026, would encourage seriousness among candidates and help preserve the legal profession’s credibility.

Claiming to be a public-spirited citizen, the petitioner approached the court to urge the BCI to implement the proposed changes to safeguard the quality of legal practice in India. However, the High Court reiterated that the matter of examination format and evaluation methods is a policy decision for the BCI, which has already made a conscious choice to exclude negative marking. As a result, the PIL was dismissed.