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

Bar & Bench

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.