The BarHacker team critiques the first All India Bar Exam, provides model answers with explanations on where to find them, examines whether it is possible to score perfect marks and suggests a way forward for the next exam.
Apart from the batch of 2010 law graduates who took the first ever All India Bar Exam, a lot of lawyers and law students will be interested in knowing what minimum standard the BCI is actually setting through the Bar Exam.
BarHacker’s unofficial answer key with page references in study materials:
1. E. Book 1, Pages 7-8
2. D. Book 1, Pages 7-8
3. B. Book 1, Page 9
4. A. Book 1, Page 9
5. A. Book 1, Page 3
6. E. Book 1, Page 10
7. B. Book 1, Page 6
8. C. Book 1, Page Page 31
9. D. Book 1, Page 20
10. B. Book 1, Page 31
11. B. Book 1, Pages 26-27
12. A. Book 1, Page 21
13. B. Book 1, Page 24
14. C. Book 1, Pages 39-40
15. D. Constitution of India, Art. 3 Proviso. [Answer is not clear in the study material; the topic is covered in Book 1, Page 43]
16. D E. Book 1 Page, 44
17. B. Book 1, Page 51
18. A. Book 1, Page 55
19. C. Book 1, Page 60
20. A. Book 1, Page 66
21. B. Book 1, Page 54
22. A. Book 1, Page 79
23. E. Book 1, Page 85
24. B. Book 1, Page 89
25. D. Book 1, Page 100
26. E. Book 1, Pages 78-79
27. D. Book 1, Page 97
28. B. Book 1, Page 88
29. E. Book 1, Page 109
30. C. Book 1, Page 106
31. E. Book 1, Page 111
32. B. Book 1, Page 107
33. D. Book 1, Page 117
34. D. Book 1, Page 108
35. D. Book 1, Page 121-122
36. B. Book 1, Page 134
37. B. Book 1, Page 124
38. B. Book 1, Page 123
39. E. Book 1, Page 131
40. D. Book 1, Page 130
41. D. Book 1, Page 133
42. C. Book 1, Page 132
43. E. Book 1, Page 144
44. B. Book 1, Page 150
45. C. Book 1, Page 153
46. D. Book 1, Page 150
47. B. Book 1, Page 143
48. C. Book 1, Page 145
49. D. Book 1, Page 152
50. D. Book 1, Page 158
51. B. Book 1, Page 158
52. E. Book 1, Page 167
53. C. Book 1, Page 162
54. C. Book 1, Page 168
55. E. Book 1, Page 162
56. D. Book 1, Page 159
57. E. Book 1, Page 183
58. C. Book 1, Page 177
59. C. Book 1, Page 177
60. C. Book 1, Page 181
61. B. Book 1, Page 177
62. D. Book 1, Page 183
63. E. Book 1, Page 184
64. C. Book 1, Page 191.
65. B. Book 1, Page 188 – 189
66. A. Book1, Page 192
67. E. Book 1, Page 187 – 188
68. A. Book 1, Page 198
69. B. Book 1, Page 187
70. B. Book 1, Page 171
71. D. Book 1, Page 211
72. D. Book 1, Page 205
73. A. Book 1, Page 203
74. B. Book 1, Page 206
75. A. Book 1, Page 200
76. A. Book 1, Page 208
77. D. Book 1, Page 202
78. E. Book 2, Page 17
79. D. Book 2, Page 6
80. B. Book 2, Page 34
81. D. Book 2, Page 22
82. D. Book 2, Page 43
83. D. Book 2, Page 60
84. D. Book 2, Page 78
85. D. Book 2, Page 73
86. B. Book 2, Page 13
87. C. Book 2, Page 86
88. C. Book 2, Page 117-118
89. C. Book 2, Page 103-104.
90. E. Book 2, Page 124.
91. C. Book 2, Page 111
92. A. Book 2, Page 147
93. E. Book 2, Page 144
94. A. Book 2, Page 155 [only the principle is mentioned in the material, not the correct position in international law]
95. E. Book 2, Page 41
96. A. Book 2, Page 65
97. E. Book 2, Page 25 [Requires prior knowledge of Company Law to identify whether the company was a private company or a public company from its name. Required information is not in the material]
98. E. Book 2, Page 30. [Principle requires application. Answer is not mentioned directly in study material]
99. A. Book 2, Page 115
100. C. Book 2, Page 41
The entire justification of putting so many students through the exam is to improve the quality of lawyers, therefore if the question paper does not test a minimum acceptable level of knowledge and skill, it will be quite futile to make so many students pay a substantial amount and have them go through the toils of an exam. Also, would-be lawyers who are yet to write the exam may also be interested in knowing what sort of paper they should expect.
Therefore we thought it will be a good idea to analyze the first ever AIBE paper. Please share your opinion about the paper in the comments and whether this paper will really set an acceptable minimum standard for a lawyer newly qualified to practice in Indian courts.
The hard stats
The paper had 100 questions in total, with a substantial portion of the questions being application-based. It was an open book exam, and most questions were clearly developed from the BCI material that everyone who registers for the Bar Exam is supplied with. Carrying those two modules would have been sufficient for all purposes, unless you wanted to save time as far as possible, in which case carrying some major acts like the CPC or CrPC would have helped. Three-and-a-half-hours was a lot more time than most people needed to solve the paper.
Even for a person who had very minimal preparation, in theory it was possible to look up every question for the correct answer. In many, many questions even looking at any book was unnecessary as one could reach the correct answer simply by eliminating all the impossible answers. Some application-based questions were totally redundant, and at best what they tested was reading comprehension.
The standard of questions was not uniform throughout the paper. While some questions were good, a surprising number of questions did not deserve to be in a paper to be written by law graduates.
Some ostensibly application-based questions did not require any sort of application skill whatsoever. Consider Q. no. 95, from Part II, in which all questions were supposed to be application-based.
Which Article of the Constitution of India has been interpreted by the Supreme Court to include the right to a wholesome environment?
Principle: Enjoyment of life, including the right to live with human dignity encompasses within its ambit the protection and preservation of the environment, ecological balance free from pollution of air and water, and sanitation, without which life can not be enjoyed.
Options:
A. Article 19(1)(a)
B. Article 19(1)(g)
C. Article 246 read with Schedule VII
D. Article 14
E. Article 21
Does solving this question require application of the principle given? Rather than providing any legal rule, the principle gives a hint that the relevant Article will talk about Right to Life. I am afraid this is not really an application-based question apart from the fact that even those who have read a class IX civics book will be able to answer this question.
Some of the questions did not require any knowledge of law or preparation to solve, because the wrong options were totally absurd and one did not have to be a lawyer to eliminate the obviously wrong options. Consider this question from property law section (Question no. 73):
What is a contractual obligation of the parties in relation to transfer of an immovable property commonly referred to as?
Options:
A. A covenant
B. A condition
C. A consideration
D. A termination
E. A cancellation
Look at another such question:
A and B are married. A wants to have children. B deliberately and consistently refuses to fulfill this wish. In light of the principles set out below, which is the most accurate option?
Principle: Cruelty is a ground for divorce under Hindu Law. To amount to cruelty, the acts must be of a more serious nature than mere wear and tear of married life.
A. A can be granted divorce on grounds of cruelty.
B. B can be granted divorce on grounds of cruelty as A's request is unusual.
C. A can not be granted divorce on grounds of cruelty as his request is unusual.
D. B can be granted divorce on grounds of cruelty as A's request is cruel.
E. Since the marriage has been consummated no divorce is possible under Hindu law.
In some questions one just had to identify the option which merely rephrased or restated the principle in its entirety. See question no. 79:
Rule 5 of a delegated legislation claims to derive is authority from section 57 of the delegating Act. However, the Act only has 55 sections. Which of the following statements is the most accurate application of the principle set out below?
Principle: If a Rule is wrongly stated to be framed under a particular provition of a statute but otherwise falls within the competence of the rule making authority, wrong labelling will not render the Rule ultra vires. [Emphasis added]
Options:
A. The Rule would be invalid as it is wrongly stated to be framed under a particular provision of the Act.
B. The Rule will not be invalid as it is wrongly stated to be framed under a particular provision of the act.
C. The Rule would not be invalid even if it is wrongly stated to be framed under a particular provision of the act.
D. The Rule would not be invalid even if it is wrongly stated to be framed under a particular provision of the Act, provided that the Rule otherwise falls within the competence of the rule-making authority. [Emphasis added]
E. The Rule would be invalid if it is wrongly stated to be framed under a particular provision of the Act, even if the rule otherwise falls within the competence of the rule making authority.
Please note how Option D is just a rephrased and rearranged version of the principle.
There were more allegedly application-based questions that just required one to merely identify the option that just reiterates the principle. For instance, check out Question no. 88.
Company A engages the services of Contractor B to supply it some labourers on contract basis. The appropriate Government subsequently abolishes contract labour in the industry that Company A is engaged in. In light of the principle below, which of the following options is the most accurate?
Principle: When the appropriate Government issues a notification under Section 10 of the Contract Labour (Prohibition and Regulation) Act, 1970 abolishing contract labour, the employees of the contractor will not automatically be absorbed into the employment of the the principal employer if the contract was genuine. [emphasis added] If, however, the contract was not genuine, but a mere camouflage, the so-called contract labourers would be deemed to be employees of the principal employer.
A. if the contract between A and B is genuine, then the labourers would be deemed to be employees of A.
B. If the contract between A and B is genuine, then the labourers would be retrenched.
C. If the contract between A and B is not genuine, then the labourers will be deemed to be employees of A.
D. If the contract between A and B is not genuine, then the labourers will be deemed to be employees of B.
E. If the contract between A and B is not genuine, then the labourers will be retrenched.
Answering this question may require some basic reading comprehension skill and cognitive ability, but hardly any lawyerly skill of applying legal rules!
Similarly, take a look at Question no. 82:
A certain locality lack proper drainage system for discharge of water, as a result of which, dirty water from the houses and rainwater was accumulating in its lakes. Growth of moss and insects in the area increased the possibility of an epidemic. In light of the principle below, the remedies are available to the residents?
Principle: Aa. 32 and 226 of the Constitution empower the Supreme Court as well as high courts to issue writs, directions, or orders.
Options:
A. Only a criminal case may be filed against the municipal authorities. [Seriously. This was an option!]
B. Only a civil suit may be filed against the municipal authorities.
C. Only a tortious action may be filed against the municipal authorities.
D. The residents may seek redress in either the High Court or the Supreme Court under the writ jurisdiction of those courts.
E. The residents have no remedy.
What was the required level of corporate law knowledge to solve this paper? Take a look at Question no 81:
A and B are the shareholders of company C, a private limited company. Which of the following statements is the most accurate application of the principle set out below?
Principle: A company has a separate and distinct legal identity from the members who composed it.
Options:
A. Either A or B can be sued for the acts of Company C.
B. Only A can be ordinarily sued for the acts of Company C.
C. Only B can be ordinarily sued for the acts of Company C.
D. B can not be ordinarily sued for the acts of Company C.
E. Both A and B must be sued together for the acts of Company C.
Can a person who did not learn much law in college, and came to write the exam armed with the BCI material pass the paper without any preparation?
While some of the questions were of an absurd standard, and in our opinion do not really serve to gauge any level of competence in a lawyer ready to practice in the courts, there were many questions that were of much better standard. Please do not reach the conclusion that I am suggesting that questions should be difficult. It is just that some of the questions, like the ones quoted above, serve no purpose in an exam, and certainly does not test any sort of lawyering skill or knowledge, perhaps except for reading comprehension.
While a majority of the questions were easy and some of the absurdly easy for the purpose of scoring marks, there were some difficult questions as well. In fact, even a well-prepared student would find one or two questions in every ten to be tricky or difficult. The correct strategy for any student therefore would have been to identify 40-50 easiest questions (of which there were plenty) first and answer them quickly. That would have safeguarded the object of passing the exam, following which one could try and maximize the score by attempting the rest.
A majority of questions would have required one to consult the BCI material or some book. Some prior understanding of legal concepts would have certainly been a great help. However, if your law is weak (if not in all subjects, then at least in the majority of them) and you still went without any preparation and thought that you could look up all the answers as it was an open book exam, you probably had a tough time. Flipping through the study material for every question can be a very exhausting exercise. It made sense to be familiar with the material, and to know the basic concepts.
Question paper pattern
The pattern of the question paper was exactly as the Bar Council had stated, and it was very similar to the Model Test Paper released by the BCI. In Part I, questions pertaining to each Category A subject were separately indicated and were all mentioned together. However, within the same Category A subject, the questions were well shuffled. So, if you had no idea, you would quickly get tired flipping pages back and forth for each question, and would have slowed down.
Part II was slightly less easy as most students have told us. In the mock, these were all problem based questions and subject headings were not mentioned. Also, questions from the same subject were not bundled together and were scattered throughout Part II. Hence, identification of the correct subject would have proved to be a useful skill, as that could make looking for answers in the reading material much easier and save you valuable time.
Distribution of questions in Part II
Labour law, family law and company law were the most heavily tested upon, with 4 questions each, and administrative law and environmental law featured 3 questions each.
There was one question each on Torts and Public International Law, and two on taxation.
Tough nut to crack, or a cakewalk?
Passing the exam, however, should have been easy, unless you wasted time looking for a few answers in the material for too long. One just had to read all the questions calmly and not get rattled by difficult or unfamiliar questions.
In fact, unless one was extremely well prepared, about thirty to forty questions would have required one to refer to the preparatory material, just to confirm and cross check. By and large, individual strengths and weaknesses would have determined which subjects appeared to be tougher than others.
In Part II, the tax questions were pretty difficult and required a very deep understanding of the concepts, particularly the question on whether a penalty and interest on late payment on tax could be allowed as a deduction. Nevertheless, like most other questions, both were simply lifted word for word from illustrations in Book 2 of the Preparatory Material. Irrespective of whether one had a clear notion of the concept or not it was possible to answer a lot of the difficult questions, even without understanding them, by a blind reference to the material.
Concluding observations
Was the first All India Bar Exam a walk in the park for any serious law student? Is scoring hundred out of hundred easy in this paper? Certainly not. There are anywhere between ten to twenty tricky questions at least, which anyone can get wrong.
This is the first time an entrance exam was held for lawyers, in the face of huge opposition by students and multiple writs against it. A question paper where passing was challenging could have fuelled student opposition further.
Still while keeping the paper easy, the standard of some of the questions could have been improved. However in subsequent years, as more and more students get attuned to the idea of the Bar Exam, we'd expect that the minimum standard set by BCI for graduates wanting to practice law will improve.
The author is team BarHacker, which built the first online All India Bar Exam preparation course at www.barhacker.in
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In your solution answer given is D, I think it should be A
Quote from study material " Parliament has the authority to form new states , to alter the territory or names of the states without thier consent or concurrence and to alter the area , boundries or names of existing states by a law passed by a simple majority.
A16. E
in the question the provision is for NON-RESIDENTS.
"A question paper where passing was challenging could have fuelled student opposition further." - This sounds a poor excuse for making this exam so easy. Having set the bar at such a ridiculously low level (pardon the pun) how has the stated purpose of this exam been achieved?
I personally am fully supportive of the need to have a standardised bar examination. Mere possession of a law degree issued by colleges of vastly differing standards should not be all that is required to practise law. (This is not to argue that the various challenges to the conduct of the exam on legal issues are justified or not.
It may be of interest that in the US, law schools have had their registration suspended because of an unacceptably low pass percentage of graduates in the respective state's bar exams. Perhaps the BCI, once the legal challenges are settled, should up the ante and put law schools here under pressure to ensure their graduates are well prepared to pass a challenging bar examination.
However according to me such competitive exams must be conducted, before students are admitted to legal profession and not after they have completed five years (or three years, as the case may be). Such entrance exams conducted can serve the purpose of setting "minimum standards".
Conducting such exams after getting law degrees in hand, only increases hardships of those, who complete their 5 year LLB course,get degrees in hand but cannot practise law only because they cannot clear these bar exams. So their five inportant years when they could have done something more meaningful in life have gone waste....!
so i think answer should be - E- none of teh above.
D on the other hand, refers to creation of a new state from the territory of existing states and is correct because it is consistent with article 3 proviso of the constitution.
firstly we got no jobs here. So much for the sake of a NLU. I mean two girls got placement at amarchand mumbai and rest of the batch not even a 5000rs job. Same story about to go for nxt batch which has 160 studnets.
secondly, ab meri hat rahi hai!
I think that in view of Sec. 10 (1) of the Arbitration and Conciliation Act, 1996, it is clear that only odd number of arbitrators can be appointed.
Hence, in my POV the option should be (D) and not (E).
I am unable to find any provision of law which states that in case of even number the parties are deemed to waive of their right. In fact, even the Study Material sent in by BCI mentions about a case of Page 8 Para 2 - Narayan Prasad Lohia v. Nikunj Kumar
Lohia, (2002) 3 SCC 572 - that in case of appointment of two arbitrators, then, a third arbitrator should be appointed by them.
Then why is the correct answer being supplied as option (E)
Please dont try and give the case cited in Para 1 in support of the option (E) as the same is from the same judgement and the ratio as laid down in the judgement was the principle laid down in Para 2 and not para 1.
Kindly Explain ! Awaiting your answer !
regards
Thirst Never Dies @ NO. 30
"Where the parties have participated without objection in an arbitration by an arbitral tribunal comprising two or an even number of arbitrators, however, it is not open to a party to challenge a common award by such tribunal on the ground that the number of arbitrators should not have been even. The parties are deemed to have waived such right under S.4 of the 1996 Act. (Narayan Prasad Lohia v. Nikunj Kumar Lohia, (2002) 3 SCC 572)"
Our EXPLANATION
A reading of the Lohia case (quoted above) informs us of the following:
Parties CAN CHOOSE even number of arbitrators. ONLY in case there is a divided verdict (where equal number of arbitrators are in favour of each opinion), will there required to be an appointment of another arbitrator.
Second, it is not the parties that have to appoint the third arbitrator. It's the first two arbitrators (that is, if the tribunal consists of 2 arbitrators), who can appoint a third arbitrator. This is ONLY NECESSARY IF they have arrived at a split decision between themselves. Hence, appointment of the third arbitrator would resolve the split. Note that this process DOES NOT allow parties to challenge an award on the ground that the arbitral tribunal comprises an even number of arbitrators.
Therefore, as per the Lohia case (quoted above), parties CANNOT challenge the composition of an arbitral tribunal comprising an even number of arbitrators. I hope tht clarifies your doubt
brother, may be I can't understand ur situation. but I want to say that in my state also there is only one govt. law college where students are dependent mainly on private tuitions to pass their exams as the college is having no adequate & qualified faculty for last 2 decades.no regular classes, no moot courts, no interactive discussions. moreover the private tutors themselves are senior law students or law gradutes who haven't joined the bar & choose to teach students. students of such college also claimed that they will score not less than 70 in AIBE. so think about the situation !!
#2 Trust me, a good chunk of law grads cannot clear even this exam...
regarding this comment i will say...prehaps u r thinking too much of urself...and may be u dont deserve to be in this law proff and perhaps ur not into it..or may be u hv deserted it....u deserve to be in sm exam cracking proff....and be a exam cracker
brothers, then let us wait for the results of the AIBE. I will not say whether bar exam is unconstitutional or not coz it is still sub judice in SC. let the SC decide its constitutionality. and if u think that the exam was tough to pass then BCI has rightly conducted the exam to test the 'eligibility' of law graduates to enter into the Bar.
may be I am not experienced like u to understand the dark realities of like. but I want to inform u that I also have appeared in this exam on 6th march & I also belong from NE region.many of my college friends from NER also appeared & came out satisfactorily.our center was kolkata.The concept of AIBE was always good but the modus operandi of conducting the exam by BCI was never good.
brother, in Q.97 ABC Ltd is a public limited company.if it would have been private then it would be ABC Pvt. Ltd. the legal principle in the given question talks about only private companies. so ans is option E.
yes I feel. I have answered C in Q 80.
The criteria of 'division of question paper into two units' as well as 'unit wise passing marks' (31, & 9 respectively) is no where mentioned in question paper. It is a genuine ground for judicial intervention. File a writ in your high court tomorrow itself so that it may be heard on 16th morning as results will be declared only on 16th evening or afterwards.
I volunteer to help in drafting, it can be done just in two hours.
Please read question no. 28 in bar exam faq on bar council website.
28. Is there a separate cut-off in the All India Bar Examination for different subjects or sections?
Is there a separate cut-off in the All India Bar Examination for different subjects or sections?
Advocates need to get at least thirty-one (31) marks in the first section, comprising the ‘Category I’ subjects, and at least nine (9) marks in the second section, comprising the ‘Category II’ subjects. Do note, however, that this issue is being finalised with the Expert Committee set up by the Bar Council of India.
Do note, however, that this issue is being finalised with the Expert Committee set up by the Bar Council of India - as written in BCI Faq Sheet.
Confusion again ???
Now I think more discussion on this matter will be fruitless. I pray to God that may we all pass out with flying colors in AIBE. But I request you to show the AIBE question paper to one senior lawyer of ur town & ask him whether it was a hard nut to crack for an entry level lawyer.
Thanks for lending ur support brother. But I just don't want to create multiplicity of proceedings by filing another writ. Now as all of us have already appeared in the bar exam, we r just waiting for the results. Where the constitutionality bar exam itself is in consideration before the delhi hc & sc, it is now needless to further drag this matter in another court.moreover BCI is saying that the marks division is still under consideration before an expert committee of BCI.so we are not sure either whether BCI will evaluate acc. to the 31 & 9 marks criteria.
The twist lies in Fact No. 28 in Faq Sheet which was not mentioned even in Preparation Material(Book 1 & 2) supplied by BCI,Rainmaker though other details about the AIBE was mentioned therein.
A ground for another writ as most of the students were unaware of this fact.(or, it was left hidden intentionally to decrease the pass percentage)
I called to BCI last week about result declaration. They told me that results will be declared on 20th march. They also informed me that BCI chairman never declared that results will be out on 16th march as you have mentioned in your above mentioned news.They said this is a false news.They advised me follow only BCI website.
If the BCI is now saying 20th March through other channels, it was either an internal miscommunication within the BCI on the timelines or there has been a delay or complications in the marking since our conversation with the BCI chairman.
I will try to follow up and find out the latest stance.
Best regards
Kian, Legally India
Dear Friend, Mr. Sanjeev Sachdeva, standing counsel of BCI, submitted before hon'ble court, quoting Mr. Subramaniam, that results will be out on 16th march. So I may say that results will be out on that day. I believe the very submission genuine, not a hoax one.
Thanks for bringing this to our notice.But today also I called BCI & surprisingly they said that results will be out on 20th & not on 16th.May be the person who attended the call doesn't know about this fact.I also believe the submission of Mr. Sachdeva.However, matter will be clear tomorrow if results r declared.
How can u allow such abusive/derogatory language used by #36 to be published on ur site? is it a comment?! how it is relevant?! I am astonished how u published this !! I also think #36 is not a person from legal profession.I think u should remove this comment immediately. This is a forum for healthy discussion & exchange of opinion.
I am thinking to send you the mail regarding the EBCI results. I read you msg in comments and thanks for that.
Mr. GS stated that on his own words
"Subramanium (pictured) told Legally India that the first All India Bar Exam’s (AIBE) results would be announced on 16 March. “On 15th itself I’ll be checking the results myself. This is a completely computerised process but even then I’m having the protocol to check everything out.”
Are they going declare tomorrow or not?
One more thing, most of the people who appeared EBCI exam are having some doubts about the answers. Whatever the questions are in confusion the BCI must consider and award 5 marks for that so that it will benefit some of them whoever marked the answer doubtfully. This step will ease their tension.
Thanks
That sentence should have been supplanted with something more definitive well before the exam. The fact that it is still there as a reminder of the BCI's ineptitude and unprofessional ism says a lot about the change they want to introduce to the profession.
Its initial unwillingness to declare results also raises serious concerns about the presence of some ulterior motives on its part.
check the link...apparently AIBE results but it asks for some password...KIAN take a look!!
I have sent an SMS to the BCI chairman this morning but no response yet.
Best wishes and good luck!
Kian
Who are you to decide.It was not even mentioned in Prep. Materials and QS paper.
So try to talk in logical manner.
Law is not only presumtion.
correct me no.88 if I am illogical..
Though this can be a mistake but law does not comes to the rescue of one who is not vigilant enough.
And secondly getting correct in second part was not tough man.
Waah!! how quickly it is decided one thing is unconstitutional which is still under consideration!! right to speedy trial perfectly implemented!! Persons like #90 should directly be recruited as supreme court judges. This is their right place!
Since long time I am reading the comments in this site. A small thing also you people are making an issue why don't u think and understand may be it is typographical error. Even SC also accepts typographical errors.
2nd thing, I read some comments from other participants that there is confusion in some questions and the answers marked doubtfully. There is nothing wrong in asking. For your kind information I don't need that 5 marks, I make a comment in general so, you don't need to take it serious. OK be sportive my dear friend.
Thanks for your comment.
@#92-Dont worry bud,most of us aggrieved because of this. We will do something about this. Its highly disappointing how the BCI was not careful enough in spelling out its basic rules.
When everyone was critising BCI since the inception of this idea to conduct this exam how could the people be so sure about the passing criteria without going through the website.
It is always the duty of a lawyer to go through the original text and not to believe on what other says or what others interpret.
This plea can be accepted in cases where the student has no access to the internet but not in this case where the students have all the time in the world to discuss on such a portal and not go through the website even once before sitting for an exam which would decide their right to practise.
Even if accepting the fact that BCI has been negligent the students equally are. Diferrent exams have different passing criterias so this would logically appear to anyone before sitting in a exam what the criteria is and whenever such question would arise a person would either look up at the website or call up the helpline no and i guess even the students who did not have access to internet had access to telephone lines atleast .
Ending this i feel that BCI would not disappoint the students so i guess they would consider an overall 40 marks criteria else students would resort to filling writs adding the burden of the judiciary.
Thank you,I am flattered. Only if your sarcasm mattered !
Just for the record, this "rule" was only mentioned in the FAQs..I would like to point out that even there,it was clearly said that the rule is still under the scrutiny of the expert committee. Any sensible logical person will consider this unconstitutional. I pity if you cant reason that out
@ #98-The BCI can definitely act arbitrary if they want,but as long as the question paper does not specify this,we have a very valid cause of action. I work for a well-reputed law firm and all my colleagues(out of who some have as much as 15 years of experience) have the same to say. Its unfortunate that we are being blamed for being careless,Id rather blame the BCI! Talk about sense of reasoning man!
I am sympathetical with ur position. I agree that question paper must mention this. those who don't have internet access is a valid ground. those who r having internet, don't u think as a lawyer we should be vigilant? as a lawyer we have to think & analyse from every angle.this is also an exam.every case is an exam for a lawyer.simple negligence on ur part & ur client will suffer.many things in the prep material was also wrong & insufficient.so does it mean we can't rectify it & study on our own?? & regarding "Im surprised that you are even defending the negligence on the part of the BCI" I must say the idea of aibe was always good but the modus operandi of conducting aibe by bci was never good. Don't worry. I pray to God that may we all pass out with flying colors.After all it is a bonafide mistake.
Secondly if I have visited the website of BCI-FAQ section before such question was put up then what?Or it is expected from every candidate to visit the FAQ section a minute before sitting for the exam ?
The FAQ section cannot be treated as rules for the exam.In simple language
FAQ-Directive Principles(not enfo)
Rules of Exam- Fundamental Rights(enfoc)
www.legallyindia.com/201103161924/Law-schools/bar-exam-results-to-be-published-tonight-or-tomorrow-gs
Good luck!
Kian
for pass
You cannot blame the students for a fault of BCI.
Internet penetration in India is about 6.9 % and it is obviously not the sole criteria to become a lawyer.
brother, every time blaming the bci would be to spit in the sky which will fall on ur face. bci is managed by lawyers & we r lawyers. people from us r becoming state bc & bci members.
You seem to be the "ultimate would be Chairman" of BCI.
may your dream come true...ameen.
Ever heard of sarcasm Sir? Thats what #114 is clearly indicating..If u r considering the 31:9 marks demarcation as fair and justified,then you cant possibly be the Chairman of BCI..Else,the next few years would be just worse dan this..Its funny how you are considering an unclear statement as a rule..Talk logic Mister !
When did I wish to become BCI chairman? It is a respected fellow member(#114) who wants to see me as BCI chairman !! I don't know sarcasm.I wish to learn it from you. I think u r a lawyer as well as an astrologer.So u have foreseen my future to be very dark.Nice.u r multi-talented.Don't take so much stress.u r already ms stressed !! 31:9 marks distribution was never unjustified.but it was not informed properly to the examinees before the exam.
Yeah you definitely must learn sarcasm because u still dont understand that #114 aint saying he WANTS to see you as the chairman..He totally meant otherwise. And I dont need to be an astrologer to see your future,its very evident from your comments. Someone with no sense of reasoning definitely aint the best future BCI Chairman for our country. Yuo neednt tell me if I ned to take stress or no,you are the last person I'd like to take advice from. And once again,31:9 ratio aint unjustified,in any way. Its funny how you still havent understood that our only grievance is that it wasnt INFORMED ! An unclear statement in the FAQ section cant be considered a rule ! I dont know what is so difficult to understand in that !
Aaaahhhh!! I got a heart attack after reading your comment.
Get off the website and do some work dude..How unconstructive are you? Just for your record,what you were so insisting on didnt happen..I passed with 82% and the 31:9 criteria wasnt followed ..Guess the BCI has more reasoning than you..Im sure u r very disappointed,tch tch..Anyway, now that Im done,I wont be logging on here again..But im sure you would be since you've got nothing better to do..So go on,talk to yourself..Mr LAWMAN(Good for nothing) Ha ! Back at you !
why r u being so frustrated?? calm down, be cool!! u got 82 marks..I got 85 marks..I am still in support of AIBE & 31:9 marks..and I also won't log in to here any more after this..but u seem to be very interested to log in here to view my comments.."Get off the website and do some work "...dont take so much stress..if I need astrological advice in future I'll contact u..bye bye..
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