BCI has no duty to conduct exams every month or two. If someone fails, they have to wait for the next exam. But yes, BCI should not wait till August to conduct the Bar exam, but it does give graduates of June/ July some time to prepare. And ya, ones who failed, are technically not Advocates. They are just law graduates.

if BCI has no duty to conduct exams every two months then it has no duty to stop an eligible advocate from practicing. it cannot take two stands. Because of BCI's callous attitude the advocates are not only prevented from practicing but also deprived of their earnings.
1) The Advocates cannot sanad surrender their sanad if they have decided to again attempt the AIBE exam if they have failed in their previous attempt.
2) AIBE date is not decided yet since the last date they conducted probably sometime in Jan'2012, if i'm not mistaken.
3) these advocates are not here to wait endlessly.
4) under the Constitution, as a citizen, you have a right to work and to earn a livelihood, whether you are male or female. The state is under a duty to protect your right to work and earn a livelihood from unjust attack.
5) BCI has no clue of the consequences the Advocates undergo because of the delay in conducting the AIBE.
6) Have ailing parent at home. What do you expect an Advocate to do? Just frame the Sanad and hang around our neck?

Advocates who failed are NOT dumb. Not even the topmost practicing Advocate / Judges on bench as on date will know everything of law. So you have no right to say that an Advocate who failed are technically not Advocates. Go and READ the Advocates Act before commenting anything.

Man, you guys are fantastic. So, as per your logic, if I learn driving from a driving school, I don't need a license and can hit the road, since I have a guaranteed freedom to work and earn a livelihood, public safety etc be damned!

I frankly cannot understand the opposition to the Bar Exam on these grounds- all of these stem from complete insecurity and an inability to accept change that is surely beneficial to the system and the clients. Same thing for a restaurant or hotel or bar. got a degree from reputed hotel management institute, lets start, why bother with other things? You want to put Dhoble out of a job or what??

We seem to have forgotten that as important as a right to practice is for a lawyer, the right of a client to quality representation is equally (or more important in my view). In all this brouhaha about how the bar exam is irrelevant etc. and Rainmaker etc., this point is completely lost. The Bar Exam will ensure that guys like a Lalu will not be able to call themselves lawyers- why is that a bad thing? I want that to happen.

Get with it, the Bar Exam is here to stay and there is no good reason for it to be abandoned. If it causes inconvenience to a few, tough luck. Greatest good for the greatest number. I think even the AICTE/ IMC should follow suit, will definitely address some base level competence issues that are sorely lacking.

The bar council is not a store that everybody can walk in and walk out of with the license to practice. There should be pre-agreed windows/schedules that need to be adhered to, and if you flunk the test too bad, you have to wait your turn. Its time the BCI stops being defensive about this and goes on the offensive. How on earth are these guys supposed to improve legal education and the legal profession, if they are not supposed to change anything?

Well, one by one, shall we?

No regulatory body has been created to grant recognition to a driving school. A driving school does not conduct 685495923 tests and exams over five years, before you graduate from it.

"inconvenience to a few, tough luck" - said the narrow-sighted lawyer who graduated/sat at a desk job much before those directly affected by BCI's tomfoolery, had to suffer.
If one of two, out of the regulatory body and the taxpayer, has to suffer inconvenience, which one should it be? take your pick! India cannot handle it's current paperwork, and the BCI wants to increase it, even when it has absolutely no expertise or accountability to KEEP THE DATE??!! So not only is the regulator shirking its responsibility of checking the quality of schools it recognizes, but is also doing that at the peril of advocates whose livelihoods are at stake thanks to unexplained delays in the regulatory process. That, you say is reasonable is it?

Just to clarify, the RTO does have the right to regulate driving schools and therefore, from time to time conducts checks (clearly ineffective). In any event, the point is clearly that if additional qualifications are required, they are required.

Secondly, fine BCI has messed with with respect to the law schools etc., that does not mean that they can try and ensure quality at the bar/practice at least. And that is what they are trying to do. Call it vocational training if you like. A law degree is no entitlement to practice. It was because the Bar Council felt so earlier, now they don't. So write the Bar Exam now. When everybody points to international practices for a whole host of things, why not follow this international trend is clearly working to our benefit? In fact, more than the National Law Universities, this is probably the best step to ensure quality of the bar.

Can you please also let me know how else will you implement any change in the system without anybody being unaffected? Yes, I dont have to write the bar and yes I sat at a desk job much before the so-called victims. That does not mean that I don't have a view. On the other hand, inspite of all the help that is available today, if people cannot clear a bar exam, they should not practice.

And lastly, I am with you on the fact that the schedules have to laid out in advance and the flip-flop on dates is frankly embarassing (and this was pointed out in my earlier post). But, that cannot be the basis for chucking away the Bar Exam. Every new system has a teething problem (ask those guys who caught in the apprenticeship switchover), if you are stuck in the middle deal with it, instead of making some random excuses.

Breaking down all the excuses, the main grouse is that other people didn't write it, so why should I? Call it fate, karma, divine timing or pure dumb luck. Deal with it if you want to be a practicing lawyer, else you can be a non-practicing one.

The Rainmaker material is rubbish

i2.kym-cdn.com/photos/images/original/000/201/508/221435NothingtodoHereGifMadethiscuzIwas2479d82822723.gif

I'd give a hand and a foot for MoHRD to take over.