The Maharashtra and Goa bar council was opposing the examination "by adopting legal modes and methods and their representation to Bar Council of India as well as before the Apex Supreme Court", it said at a press conference in Mumbai today (10 August).
The state bar council argued that the exam would not improve the quality of lawyers, that the BCI had not taken the consent of state bar councils, and that the exam would disadvantage this year's law graduates and graduates from rural areas and "weak economic conditions".
"[On 31 July] the chairmen of 11 state bar councils had a meeting at Hyderabad, in which they have decided to oppose the said examination," added a press statement from the Maharashtra and Goa bar council while chairman Jayant Jaibhave added that a total of 13 out of 18 state bar councils opposed the exam.
"However, it is made clear that Bar Council of India being apex body, unless and until the said examination is stayed by the apex body or any appropriate order is obtained from the court of law, all law graduates passed in the academic year of 2009-2010 will be under obligation to undergo the said examination," said the statement.
Jaibhave added that the Maharashtra and Goa bar council would file an affidavit supporting the writ petitions challenging the bar exam.
Last week the Supreme Court rejected such a case and noted that a single high court should hear the more than 10 writ petitions against the BCI filed in various Indian courts.
The BCI was unavailable for comment at the time of going to press.
Today's press conference was also the first formal introduction to Mumbai's media of the newly constituted make-up of the Maharashtra and Goa bar council, as reported by Legally India last week.
The bar council said today that it would aim to reduce the pendency of cases and increase the value of law for society by strengthening district courts and taluka courts, as well as free legal aid.
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my friends in the profession to actively take over more responsibility and just not continue burdening the courts. Lawyers need to nurse the concieved case ripe for delivery by the judge.Over 90% cases are settled in the chambers of the lawyers in USA, by direct negotiations;mediations;re-conciliations and arbitrations.Why can't we adopt the same system?Why can't we ensure arrear free judicial institution, as promised by our PM? Why can't we request the government to amend section 80 CPC by making mandatory notice of claim in all civil nature cases and period of settlement outside court is extended from mere 60 days to 1-2 years?Why can't we request the government to make plea bargain more flexible and easy? As soon as actionable tort is committed, let the lawyers of both the sides directly negotiate for settlement to be approved by the court.By adopting these changes, over 90 % liigation will be over at the trial court level.There will not be any rush to the higher courts.Are we prepared
to act of our own? These amendments in the law of procedure are simple and are to be carried out by the parliamentarians. I request the State Bar Councils to pass proper resolutions to enable the parliament to act accordingly. The role and responsibility
to ensure speedy and accountable justice delivery system is more on the shoulderes of the local taluka and district lawyers. Are we prepared to act?
Instead of fighting in the courts, do it yourself.Let there be no division among the advocates.
comission via aloowala , gopala feels he is a civil servant as lots of buerocrats says good night to him ,it is idiotic to put conditions for enrollment
the same is against the fundamental rights enumerated under the Indian Constitution(art.14) and other disability laws in India which also carry penal action if they they are not taken into consideration when making provisions for such examinations.
because of the posts they hold they should be made a bigger party to this.
also a better pay scale should be brought in for government counsels who will clear
such bar exams and should be treated like senior advocate, because they have gone
through more examinations and will have 2 certificates as compared to just one
certificate which all other advocates have at present have.
they should now be regarded as intellectual superior to other advocates as they have cleared an exam and have been awarded The Right To Practice.
if none of this is right , it because the bar exams are just a waste of money.
the quality and caliber of a lawyer can not be determined by a 3 hour open book exams.
correct me if I'm wrong, isnt the BCI composed of representatives of each state bar council and if majority of these state bar councils are opposed to the said bar exam, then how is it proceeding????? where is the majority for the bar exam then????
Here the question arises What is the guarantee that those who qualify the exams will be representative of better quality.It is well known that muggers only pass such exams with grades ,it has nothing to do with practical knowledge of advocacy.One also cannot say that those who will fail, will prove to be inferior stuff.
If it is the case then why are not there such exams for other professions like CAs,CAWAs,Company secretary and other professionals ?,whether all those who choose these professions,conform to the professional requirements of their profession?.
It is for sure that one who will not perform or lack the professional competence of the trade he has chosen, will fail , then what is the worry to the already established advocates.
In fact there should be a fix retirement age to provide opportunity to new law graduates.In my view it should be matching the retirement age of the judges.
As the person sinks more and more in the profession and tends to loose acumen of advocacy with age he becomes sceptical of his own existence , he tries to do such things that will block the entry of the new competitors.
This old lot is doing the same.There should not be any entrance exams for registration to Bar councils.If there is enforced any such exams , that wil tentamount to injustice to the people of their own trade.
Snake eating it's own offspring.
their presumptions are based on nothing more than stinky gas
ITEM NO.41 COURT NO.1 SECTION XVIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION (CIVIL) NOS.697-702 OF 2010
BAR COUNCIL OF INDIA Petitioner(s)
VERSUS
BABUBHAI VAGHELA & ORS. ETC.ETC. Respondent(s)
(With appln(s) for stay)
Date: 16/08/2010 These Petitions were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN
For Petitioner(s) Mr. Parag P. Tripathi,ASG.
Mr. Anjuj Bhadani,Adv.
Mr. Anand Verma,Adv.
Mr. Sanjeev Sachdeva,Adv.
For Respondent(s) Mr. Dushyant A. Dave,Sr.Adv.
Mr. Aniruddha Rajput,Adv.
Mr. A. Venyagam Balan,Adv.
Mr. Yashvardhan,Adv.
Mr. Aniruddha Deshmukh,Adv.
UPON hearing counsel the Court made the following
O R D E R
Two weeks' time is granted for fresh
service upon the unserved respondents.
Dasti service, in addition, is permitted.
[ Alka Dudeja ] [ Madhu Saxena ]
A.R.-cum-P.S. Assistant Registrar
does anyone know what BCI is planning now?
Hard luck for the BCI.
Pls also make me understand that since BCD is waiting for court order then what is the scene if Court does not make any order before 30th september that is the last date for submitting form.
One More thing, 16 August Order stated that some respondents not present so I request all the respondents to remain present on next hearing so that court verdict come out fast
Supreme Court verdict shall never come before the scheduled examination. Had this been intention of Hon'ble? Supreme Court, they must not have had dismissed writ petition of Anoop Prakash Awasthi on 2nd August 2010, without a speaking order and forbidding him from arguments.
On 2nd August CJI had said in open court while dismissing Anoop's writ petition "let Delhi High Court hear these petitions" but this remark didn't come on record, and even further court is simply giving adjournment without staying the impugned Bar Examination. It simply means that BCI can move the way it is going.
Let's pledge that we, the 2010 (and onwards) batch Advocates, shall never vote for anyone related with conducting this All India Bar Examination.
Pity on 2010 batch.
Kudos to Gopal Subramanium! Though to be fair even practising lawyers should have been made to give the exam.
Where as mainstream law courses are conducted by respective universities and colleges with bar council approved courses and pattern.
These are 2 distinct categories.
Why then doctors and engineers left behind then ??
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