In the State Bar Council Meeting held this Sunday, the U.P. Bar Council passed a resolution that the “Right to practice” exam, popularly known as AIBE, is no more mandatory for the lawyers registering themselves in the state of Uttar Pradesh.
Declaring the exam futile, the U.P. Bar Council has allowed lawyers to practice in the state without endeavoring the AIBE.
According to the State Bar, once the lawyer is registered, there is no point of conducting the exam afterwards and by the by, there is no provision or rule as to that effect in the Advocates Act, 1961 as well.
The importance of the exam was already in question by the law fraternity as it was failing the purpose it was made for. The exam is supposed to be given open book and the BCI is having hard time in conducting the papers. The dates of the exam always get postponed because of the mis-management and lack of experience of BCI in conducting exams at this high level. There is a law school in almost every district in India and the number of lawyers they produce every year is exorbitant. Law colleges are not restricted to “National”, Delhi or Mumbai level, but are spread all over the country. From the towns and small districts of U.P. and M.P. to the far east in Meghalaya and Mizoram, law colleges have their impression. So, to expect lawyers to be at par at all India level sounds nothing but a myth. May be that is the idea, but it cannot be executed well without the cooperation of the State Bar Councils. BCI could better try shift the burden of conducting the exam on the State Bar Councils court, if they agree.
Besides, the exam has also proven to be a financial burden on the lawyers who have just kicked of their practice and that too at the ground level in tribunals or courts at district level. It is difficult to expect a person just starting of his practice to firstly pay in thousands for registration and then additionally pay for the exam in order to get the registration which, by the way, he already have.
The resolution of U.P. Bar Council has not only added to the difficulties of BCI but has also challenged the authenticity of the exam itself. The AIBE-VI is scheduled on 19th January, 2014.
Comments
what an excuse... as far as examination fee and mismanagement is concerned i am completely agree with the author but quality cannot be compromised at any cost. considering the current level of AIBE i dont think anyone who has passed LLB/BALLB exam WITHOUT ANY UNFAIR MEANS from any college in India will not able to pass.
what an excuse
i completely agree with the author on the point of mismanagement and examination fee but as far as quality is concerned there has to be a minimum standard. considering the current level of AIBE i don't think anyone who has got their LLB/BALLB degree from any college in India WITHOUT USING ANY UNFAIR MEANS will not be able to pass this examination.