Bar Exam: Another petition, BCI moves SC, Ram Jethmalani against the Exam

Bar & Bench News Network

Jul 19, 2010

Two law graduates of the National University of Advanced Legal Studies (NUALS) who on Friday filed a petition before the Kerala High Court. Instead of fighting the same litigation in different High Courts, the Bar Council of India (BCI) has approached the Supreme Court (SC) seeking all petitions challenging the All India Bar Examination be clubbed and heard in the SC. Noted Senior Counsel, Ram Jethmalani in an interview with Pune Mirror has come forth on his views on the Bar Exam.

Express Buzz reports on two law graduates of the National University of Advanced Legal Studies (NUALS) who on Friday filed a petition before the Kerala High Court challenging the Bar Council of India’s (BCI) rule forcing them to clear a mandatory test to take up practice. The petition sought a directive to the BCI to allow the students graduating in the academic year 2009-2010 to pursue legal practice without attending the test which is scheduled for December 31.

To quote the newspaper "The petition filed by Sujith Menon and Sriram of Thripunithura sought a directive to the BCI to allow the students graduating in the academic year 2009-2010 to pursue legal practice without attending the test which is scheduled for December 31. The petitioners contended that those who had enrolled on July 4 have the right to appear in any court or tribunal under the Advocates Act-1961, and a rule cannot take away the right. The petitioner informed the court that all the students graduated from universities and the BCI’s decision to impose an examination conducted by a private agency ‘Rain Maker’ was not acceptable. The agency charges Rs 1,300 from the aspiring candidate for appearing in the examination. The examination is a violation of the advocate’s right to take up practice under Sections 29 and 30 of the Advocates Act, and a denial of the right to practice any profession, the petition said"

The Hindustan Times reports on how instead of fighting the same litigation in different High Courts, the Bar Council of India (BCI) has approached the Supreme Court (SC) seeking all petitions challenging the All India Bar Examination be clubbed and heard in the SC. Solicitor general Gopal Subramanium mentioned the petition before the SC saying that petitions were filed in different high courts challenging the All India Bar Examination.

Speaking to the newspaper, Solicitor General said that the BCI had decided to conduct the exam following a SC judgment in another case. “Since that case is still pending in the SC, all the petitions challenging the examination should be clubbed and heard by the apex court,” argued Subramaniam.

Noted Senior Counsel, Ram Jethmalani in an interview with Pune Mirror has come forth on his views on the Bar Exam.

Q: The Pune Bar Association has opposed the Bar Council of India’s proposal for holding mandatory entrance exam for law graduates. Those who pass can argue in court. Your take on this?

A: I do not agree with the Bar Council of India's (BCI) decision to make it (exam) compulsory for students who have already got their law degree to allow them to argue cases in the court

Q: Why are you opposed to the entrance exam for the law graduates?
A: The Advocates Act says that one has a right to practice as an advocate once one gets the law degree. The Act does not contemplate two classes of advocates. The exam does nothing. It is not warranted by law. One cannot become a good advocate by passing an extra entrance exam. Rather, senior lawyers must be encouraged to train young lawyers in their office.

Comments(16)

1. "Bar exam is a must after seeing the quality ofthe guys who argue at civil courts. It's utter rotten. I hope this bar exam is not a facade like the existing interviews of the bar councils.". Jairam, Bangalore
2. "Jethmalani has nothing to lose as he is 80 something. He doesn't need to think about the future of legal industry. So those who are likely to be around for longer - they should focus on this issue.". Virat, Calcutta
3. "Its not about right to practice or to contemplate two classes. Its just a matter of some hours exam which doesnot affect much, as we are use to of this in our colleges itself. If really BCI or Someone want to do something for this upcoming legal faternity then they have to take some real effort towards the interest of young lawyers. Otherwise its a baseless discussion.". LKS, Mumbai
4. "Only by passing entrance exam one cannot say that one can become a good advocate. Moreover the act also does not warrants this exam.Thus the BCI rule violates the advocates acts, which clearely mentioned that one has a right to practice as an advocate once one gets the law degree. Hence I opine that BCI decision to make exam mandatory is unjust.". Tanuja Hegde, Sirsi
5. "too many exams do not gurante good lawyers. it is only practice that make the perfect. even the president of present Bar concil reached this stage of his knowledge onlyafter long years of practice and not my just studying and anwering exam. Let him also answer the exam let us see he scores how much". Sathyan, Pune
6. "it is haed for them to realize who are not attached to leagl profession that...... wot is the diff between practice and academics......exam will hard fetch any result..... if it could than exams in the law colleges would have done it....... being a good lawyer is a skill that can be achieved by constant rolling.....practising and yes seniors help and advice.....onew exam will not change the senario....rather is will creat a class instead. ". Rishab, Kolkata
7. "it is totally violation of students right to practice in courts . the bci president and and members have to join the test for check there ability again .. ". Mubeen, Punjab
8. "after passing entrance exam one cannot say that one can become a good advocate.It is difficult to passing the degree cource of law.it is also very costly for us as a poor family.the student must know earlier after admission the law,the professional cource that there must be held an entrance test after law graduate.It is upto the student whether they take admission or not.Hence I opine that BCI decision to make exam immediatly is unjustice. ". Nizara Hazarika, Assam
9. "BCI is a regulatory body and it is violating the art 14 of the constitution by conducting the bar exam.BCI cannot hold any exam after the degree has been offered by the university.once the degree has been offered, the law graduates has the right to practice as an advocate under advocates 1961 .". Debobrata Paul, Guwahati
10. "bar council entrance exam is really held or not? because some petition filed against this exam for not organised.". Arun Saini, Panipat [ Hry]
11. "it is really harrashing, we have passed all exams n becom lawyer n wat Bar council wants to test more(ability). our 3rd year passing certificate shows our ability. so we have right to practice. Hon'ble SC should take into considaration future n valuable time of thousands of student after all we are living in Democracy majority should prevail.". Shweta, Pune
12. "Iam having a question that What is the necessity of conducting AIBE for the upcoming law graduates? Please think dear president of BCI,Is there any entrance exam for Medical or Engineering Students after completing their respective course,they are not having such kind of exams then why you are imposing such kind of unnecessary exams which too violates the Art.14,Art.19(1)(g)of our Constitution and sections 29&30 of Advocates Act,1961.Don't you feel that AIBE is creating unnecessary wastage of time?Monetarily the law students are affected,accessing to the exam for all students are impossible. Don't let the education into the custody of multinational companies.Then it will be a market product.Please think and do good to the law students,render justice by withdrawing the entrance examination. ". Charles , Madurai
13. "yes i totally agreed on this as if any student of engineering or medical or any other professional course then it is said that he is qualified person for doing practise in his own istreme...my quetion for my senior and the hon`ble president of bar council of india is that what is the necessity of this examquestion arises that if any student clear such exam then it is said that he /she has enough knowledge our his subjects or he is capable enough of practising laws...???????it is not a good step as it is just a wastage of time...or they have to take enough or appropriate action against it...or goverment have to change their education policies or make a provision for such exams which are bounding to other streams such as medical,engeenering..and other courses too...what is the nessecity of taking such exam...my question to the president of B.C.I why you are imposing such kind of unnecessary exams which too violates the Art.14,Art.19(1)(g)of our Constitution and sections 29&30 of Advocates Act,1961.Don't you feel that AIBE is creating unnecessary wastage of time?if any law which are made are not imposed frequntly.......well if is the question of ability then what about our seniors are they capable enough if not then why not bar make any provision for cancelling thein licences...or ask them again to join such exam i may request to the bci president and and members have to join the test for check there ability again .. ".". Animesh Chaturvedi, Indore Madhya Pradesh
14. "it is really harassing,there is no need to take this type of exam. if there is any doubt about knowledge of law of any student then bar council take steps in sphere of study during the time of course not after obtaining the degree by any law student from the Bar Council. If the bar council take the exam after obtaining the degree then it means no proper study was given during the course by law college and not proper step of control taken by the bar council over the universities. ". MANOJ BAJAJ ADVOCATE, LUDHIANA(PUNJAB)
15. "It is indeed and discrimination towards Law graduate and one a person completed and LLB so for what the need to give another exam and what the BCI want to know...and why this is confined to Law graduate and why not this law applicable to Engineer graduate and Medical graduate...becoz law is equal to each and everybody....". Ali Shahzad, (Unknown City?)
16. "Sir,The State Authorities make admission through counselling to Law Degree course taking into consideration the Reservation Policy as enshrined in our Constitution respecting the spirit of our Founding Fathers, The BCI ignoring the reservation policy is conducting an Examination to please some beneficaries disgrading our constitution ignoring the reservation policy as enshrined in the constitution under the pretext of pass or fail without fixing a different cut off marks based upon community. What happened to our Reservation policy? Can Rule of Law supress the Spirit of constitution?Why should not the same Examination be conducted at the university level at the time of one Univesity Exam? Why is testing one,s logical reasoning and understanding after enrollment to state bar council after undertaking Oath in the name of God and Our Constitution? Is is not degrading the fellow juniors in the name AIBE? ". Unknown, (Unknown City?)

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