Bar & Bench News Network
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.
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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.
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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 |
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- 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
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