The Bar Council of India (BCI) has agreed to postpone the planned bar exam to December, BCI counsel KK Venugopal told the Supreme Court today in the case BCI v Bonnie FOI Law College & Ors, admitting the logistical challenge of holding the exam before September in a surprise U-turn.
Venugopal, who is representing the BCI in the case, told the Supreme Court in a brief hearing: "July and August was fixed for the examination of 60k advocates who will have to take the exam.
"We want the extension because we want a lot of preparation to be done."
Justice Dalveer Bhandari accepted the submission, asking whether the BCI had imposed an "embargo" or deadline on the holding of the exam.
Venugopal answered that no such embargo existed and submitted that a December date for holding the bar exam should be taken as the new schedule.
One lawyer closely associated with the case told Legally India, on condition of anonymity: "We shall be able to inform the schedule for examination around first week of June and the same shall be brought to the notice of the
When asked about whether an amendment of the Advocate's Act for introducing a compulsory bar exam was necessary, the lawyer said: "There is no need to amend the Advocates Act. The bar exam is a post-enrolment qualification and not the pre-enrollment one. One can still get enrolled as an advocate, form a law firm, but to practice before the court you will have to pass the bar exam."
The case of BCI v Bonnie FOI Law College & Ors (No 22337 of 2008) remains pending before the Supreme Court.The case dealt with the affiliation and recognition of law colleges by the BCI, and particularly that "it is a matter of common knowledge that before granting affiliation proper exercise is not carried out".
A report on the subject was commissioned by the Supreme Court by a three-member committee on reform of legal education, which was headed by solicitor general and now BCI chairman Gopal Subramaniam.
The committee recommended, inter alia, that "qualifying a bar examination should be made a requirement prior to admission to the Bar by all State Bar Councils across the country. In light of the decision of the Supreme Court in the V Sudeer case, such a requirement may be introduced in the Advocates Act, 1961 by means of a statutory amendment."
Yesterday, NUJS professor Shamnad Basheer and final year students wrote a letter to Subramaniam requesting that the bar exam be deferred to 2011, because it would prejudice graduating students, would not allow sufficient time to organise a credible examination and would be impossible without an amendment to the Advocates Act.
Commenting on the development, Basheer told Legally India: "Shifting the exam to December is excellent from the point of view of logistics. And certainly gives me a lot of confidence that we are likely to have a good quality bar exam that is well executed. However, from the point of view of students graduating this year, it may cause some inconvenience, since they do not have the right to practice a good 7 to 8 months after they graduate with law degrees - assuming the exams would be corrected and results declared only by February next year."
"Secondly," he added, "I’m not sure whether the court carefully considered the decision in Sudeer and the necessity or otherwise of amending the Advocates Act. It will be terribly unfortunate if resources are expended towards planning for a bar exam only to find that it is later struck down for want of legality. By way of abundant caution, and given that there is nationwide support for a bar exam, the Bar Council must try and initiate an amendment to the Advocates Act."
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This u-turn sadly speaks volumes about the administrative acumen of our professinal leadership..
Gear Up NUJS!
whoever comes into law field not only come to do social work but also they want earn something out their knowledge.
BCI now restricting some person coming in this field like wise Local train's in Mumbai the people who is standing on platform want go inside and after going inside they want nobody come inside to share their space.
" right to profession " which guaranteed by constitution of india.
The guy (or girl) must be kidding. Bom HC has held that practice of law includes lit and non-lit. So, what would be economic benefit of opening a law firm if you are not an advocate and cannot sign legal opinions? Now, please don't argue that they can do other work that won't need signing opinions.
And what is the logic of the pre and post enrollment argument? One can enroll w/o the exam but would not be able to appear in court before passing it !!! Ha ha ha ha.
The Indian bar exam is going to be nowhere near its lofty UK and US counterparts. These exams are going to put the fate of students through the hands of lawyers who don't have a practice that fetches them enough or by frustrated law college teachers who don't really care (and know) to see if student with role no. 3467690 passes or fails.
You will see RTI challenges to results, writ petitions, corruption complaints, favoritism allegations, examiner incompetence fears, institutional shadow boxing, unhealthy competition and over and above all, a sense of insecurity in the midst of students arising from the sheer impersonal nature of the exercise that they don't get to know if those valuing their papers know enough to be doing that.
The way to go ought to have been to tighten standards at law schools and ensure strict enforcement. With colleges in Banaglore and Tirupati openly cheating the BCI by marking attendance for classes that were never conducted and students who never sat them, is the BCI taking out its frustration by damning the prospects of legitimate students? Sad day for legal education in India.
@plato thinking: Dude, u r right.. This does violate Right to Profession as the law stands today.
I have a feeling that the bar exam has become more of a pride project for Mr. Subramaniam and for living up to his uncalled for and unthoughtful 'undertaking' given before the SC. Seriously, Mr. Subramaniam, whats the hurry? Why cant this be bar exam be made with prospective impementation from the batches who will join this summer? And in the mean time monitor each and every college and try to improve the quality of imparting legal education. But then again, this might not happen in his tenure in the BCI and so i guess this hush hush and all the hurry.
BIG CHANGES SHOULD NOT TAKE PLACE OVERNIGHT WITHOUT STUDYING AND ANALYZING ITS IMPLICATION ON THE SOCIETY. ELSE HAVOC, AS WE ARE ALL WITNESSING IS WHAT HAPPENS AND IT RUINS ALL THE GOOD THAT THE CHANGE MIGHT HAVE IN PROSPECT!
All these Bar Members have a vested interest in our being enrolled in feb -free workers for eight months!
Kian can you please enlighten us on this 'post-enrollment' qualification business...does this mean those of with corporate jobs can work till the bar exam without hassle..
What about those working in lit firms?
Also, it would be very naïve to suggest that graduates can take up their jobs with law firms (without the license to practise in Court) as planned until the exam in December and thereafter practise in Court. As in the case of most professional courses, the exam will be unnecessarily difficult, which implies students will be required to study properly for the exam. One cannot imagine a fresh graduate, however bright, to study as well as work at the same time. Given how difficult the Solicitor's exam is, I am sure this exam too will require dedicated studying for atleast 3-4 months if not more, otherwise the whole point of this exam will be a lost. Which employer will hire a graduate only so that he/she can go on leave a few months later for an exam which he/she may or may not pass!
It would be prudent to wait and watch, but at what cost?
The ongoing debate looks like a wake up for policy makers to make note.
i hope they will come out in the open and be a bit more transparent!
Having said that, the BCI could have certainly postponed the exam to 2011, to avoid the controversy. The BCI is coming across as being extremely insensitive to the concerns of final year students.
I m failed to understand that why BCI itself is so confused .
I guess there is not even a single person in India who can give the clear position that whether final year law students passing this year have to give this exam or not.
Let me put following quiries:
1 Exam that is going to be held in december is for enrolment or for arguing counsel.
2 What about the status of writ filed by NUJS
3 Is the matter is finally disposed of by SC or still this issue is pending in any court
4 What is the response of GS on the various letters addresed to him.
What are ur views Mr. Anonymous if lawyers who are already practicing are forced to take exam too, will u be ready to give exam????
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