Bar exam PIL succeeds, BCI to allow 6 mths provisional practice (again)

AIBE
AIBE
PIL wins to allow lawyers practice while waiting for the next AIBE.

Pre-AIBE: Provisional lawyers
Pre-AIBE: Provisional lawyers
The Bar Council of India (BCI) today agreed before the Gujarat high court (HC) to pass a resolution - for the third time - allowing law graduates awaiting the All India Bar Exam (AIBE) to practice provisionally in courts for six months.

A 2012 Gujarat University law graduate, Harsh K Thakar, requested the BCI in a 16 March 2013 email to pass a new resolution allowing provisional practice, since the 28 July resolution allowing provisional practice had lapsed and the date for the fifth AIBE had not yet been declared.

After his email elicited no response, Thakar filed a public interest litigation (PIL) in the Gujarat HC on 19 March.

Thakar’s PIL against the BCI was admitted by a division bench of chief justice Bhaskar Bhattacharya and justice JB Pardiwala on 21 March. Senior advocate Mihir Thakore and advocate Jigna Suchak acted for Thakar.

Suchak told Legally India that the BCI, through its advocate Manan Shah, today submitted to the bench that it will file an affidavit in court on Wednesday, undertaking to pass the resolution within a stated time period.

A similar resolution was first passed in 2010 after a delay in holding the first AIBE, and then on 28 July 2012, six months after the third AIBE was held.

Under the resolutions the BCI allowed graduates to practise for six months provisionally until they passed the AIBE, on the basis of a graduates’ written undertaking to the respective state bar councils (SBC) that they will qualify under the exam within the period fixed by the regulator.

According to the AIBE Rules framed in 2010, a graduate can obtain a license to practice only after qualifying the AIBE which will be conducted twice a year. However, in the three years since the exam’s inception it has been held only four times – the latest after a gap of 11 months, leaving 35,000-odd law graduates registered for the exam with only temporary permission to practice.

The BCI has also been running behind schedule in releasing the full results break-down of the December AIBE.

Photo by comedynose

Comments

Dazed and Confused 1 Apr 2013, 11:59
+1 -0
How about calling the BCI and asking them when the practice certificates will be delivered?

LI should note that the ITES AIBE page, which did sort of function, has been replaced by a super ugly/minimalist page that does not function, although it purports to act as a gateway to scores.

I made a very cynical prediction that the scores would not be out by mid-March, but it turns out I was not cynical enough as far as BCI is concerned.

The original AIBE page stated that practice certificates would be mailed within 30 days after results were declared. The page was recently edited to remove any timeline. The current ugly page has no reference to practice certificates.

Pratchi-ben - how about calling BCI and having them issue another angry denial, just for the record?
KKR 1 Apr 2013, 16:18
+1 -4
Is is correct to have such half-baked law students practice "provisionally" ?? How about a unqualified doctor performing an operation?? Ridiculous

At least this should be restricted to students of NLUs.
kianganz 1 Apr 2013, 16:23
+2 -1
I think the comment voting functionality might be broken temporarily but just thought I'd point out this comment is very much trolling for a response, so please don't feed him or her, however hilarious. :)
Confused Zeus Says . . . 1 Apr 2013, 17:24
+6 -1
Kian, if you read KKR's comment again, I think he's trying to say that unqualified doctors who perform operations must be restricted to performing them on NLU students.
kianganz 1 Apr 2013, 17:43
+2 -0
Well fed Zeus, well fed. :)
so funny u are 2 Apr 2013, 09:10
+0 -0
[quote name="Confused Zeus Says . . ."]Kian, if you read KKR's comment again, I think he's trying to say that unqualified doctors who perform operations must be restricted to performing them on NLU students.[/quote]
hihi hoohooo
Copy 25 Apr 2013, 15:13
+0 -0
Does someone have a digital copy of the petition?