80,000 MP advocates strike today against Bar Exam

examination-hall_by_comedy-nose
examination-hall_by_comedy-nose
A day before the Supreme Court hearing in the All India Bar Exam (AIBE), over 80,000 lawyers from 240 bar associations of the Madhya Pradesh State Bar Council have gone on a one-day token strike today to protest the exam, which they say is “unconstitutional” and causes unnecessary hardship on students.

All 25 members of the state bar council unanimously resolved and announced their decision to abstain from work in the courts during a meeting on 9 October. The members passed a resolution that was accepted and resulted in today’s strike that is going to affect legal proceedings in all courts in the state including the High Court and the lower courts.

The Madhya Pradesh State Bar Council Chairman Rameshwar Neekhra told Legally India: “We have organised a token strike today because we want to make the BCI realise the difficulties we are facing.”

He said: “We oppose the whole process wherein the state bar councils first grants the enrolment and after that the BCI holds the examination and grants the certificate without first amending the prescribed rules given under the governing Advocates Act.”

“Secondly, the private institution entrusted with this work has been aloof from us.”

“Law students come to us because they don’t receive proper information from the BCI, they get no response on the phone. What information can we disseminate to them if we ourselves are so confused?,” he added. “240 bar association, 85, 000 lawyers will be on strike today in the whole of MP. This is our way to show our resentment to the way the BCI has decided to conduct the examination.”

Law graduate Siddharth Seth who led the bar exam protest before the law minister in June and is based in Madhya Pradesh said: “We are very happy to receive support from the state bar councils. There is so much uncertainty and lack of clarity. I am yet to receive even an acknowledgment to the form I filled last month, leave aside getting the study material to prepare for the exam.”

Earlier in August, members from 11 state bar councils had in their meeting in Hyderabad decided to oppose the proposed AIBE and subsequently the Delhi Bar Council through its three-member committee submitted a white paper to BCI against the exam.

According to several sources the bar council of Maharashtra and Goa has made itself party to the impending writ petitions which have been clubbed together and transferred to the SC for hearing the bar exam matter.

The Supreme Court will hear the clubbed writ petitions challenging the bar exam tomorrow.

Photo by comedynose

Comments

Anonymous guest 19 Oct 2010, 19:53
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Yesterday, I sent a complaint to CVC against the BCI for arbitarily selecting Rainmaker. Hoping for some action from their side as well.
Anonymous guest 19 Oct 2010, 20:52
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I think Exams should be Conducted
Anonymous guest 19 Oct 2010, 22:31
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well #2 then what is the purpose of studying at a law school for 5 yrs? Also if the BCI is not happy with the student outcome of various universities then it needs to shut down such universities.The reason that BCI states is better quality of lawyers..how do they insure that by conducting an exam this will happen?? instead they should take measures that the colleges have better faculty then now and other exposure.
Anoop Prakash 19 Oct 2010, 22:37
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For an Advocate every case is an exam, I would have been happier giving exam daily rather on one day in december.
Anonymous guest 19 Oct 2010, 22:43
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we will win tommorrow in our achievement,pray for right justice,request for all.
Anonymous guest 19 Oct 2010, 22:51
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we have given exams and came to this position,we r not afraid of exams,they r damaged our image by restricting for practice,we have id card of advocate,its for what use,they should prescribe in admission rules and regulations first,then they should conduct exam,now we r advocate but no use.
Anonymous guest 19 Oct 2010, 22:56
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WHAT A JOKE WE R MAKING FOR THE REST OF THE WORLD TO LAUGH,WE R FIGHTING INTERNALLY IN ONE DEPARTMENT FOR A JUSTICE,WE R A GOOD COUNTRY WITH RESPECTFUL DEMOCRACY AND GOOD NAME IN THE WORLD JUDICIARY,
Anonymous guest 19 Oct 2010, 23:04
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U R Right ANOOP.

Advocates professional field is not easy one. Once u become advocate than also require long waiting period for cases & work.

Every case is an exam
Anonymous guest 19 Oct 2010, 23:45
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# 4 Superb comment.
That is hard fact.
Anonymous guest 19 Oct 2010, 23:47
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they are protesting coz ppl from their state won't be able to pass the exam, especially the NLIU bhopal students. we should have a separate easy exam for lawyers from such states. those who pass should be designated as "baccha advocates" and made to wear a baby's bib instead of an advocate's band.
Anonymous guest 20 Oct 2010, 01:21
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http://www.barcouncilofindia.org/video-bar-council-of-india-robing-ceremony/

These fake judges should be derobed first.
Anonymous guest 20 Oct 2010, 01:40
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I had applied for the exams in the middle of last month.its been more than a month and a week, i have not received any preparatory materials..nor any confirmation.. help lines are not workin.emails assure you that materials will be sent by the last week of october. hardly a month is left.. when am i going to prepare.There is so much of confusion. Now for the bar council its a question of their prestige that at this stage they cannot aback from holding exams, which will really be a shame.. so it will see that the exams will happen..But for the sake of their honour students are taken for a ride.
I am not against these exams but nothing seems to be organised here.. I hope the big wigs of this noble profession, academicians would do something to save our career..
Anonymous guest 20 Oct 2010, 04:13
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The bar exam inconveniences law students. On the other hand, a strike by 80,000 lawyers inconveniences no one, is not illegal, does not violate professional ethics and does not go against any judgment of the Supreme Court. Moreover, the strike was perfectly timed as the matter is sub judice and this is the best time to show the court how strong we are... why don't we have an indefinite strike till we desperately need some cash?
Anonymous guest 20 Oct 2010, 04:18
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i wonder why these seervais and palkivalas of tomorrow are scared of a bar exam. cite procedure, propriety, throw some dirt at the BCI and Rainmaker... seems like an easy way to get past the imposition of any quality control.

i agree that students from national law schools, ILS, DU, etc. may have a minimum standard. But those colleges are only a tip of the ice berg. The degree shops that churn out lawyers by hundreds every year cant do much to ensure quality. let BCI do it. if you are scared of a simple exam, how can your clients rely on you?

the entire things seems like a shame to the profession
Anonymous guest 20 Oct 2010, 04:20
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bar associations striking in interest of law students? since when have the bar associations been interested in the welfare of students and junior lawyers?
Anonymous guest 20 Oct 2010, 04:31
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thia exam is unconstitutional please stop it to protect the future of law gradutes
Anonymous guest 20 Oct 2010, 16:10
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@#10: it reflects a naive notion from your side wherein you believe in "your state-my state" concept. Another observation here is that even while discussing the issue of Bar Exam which has been made applicable for all law graduates who are set to join the legal fraternity of India, you brought in the much avoidable debate of "my law school is better than yours". Kindly refrain from such comments as we all belong to the legal fraternity of India. (though I am not sure if you do).

Kian, remarks such as "baccha advocates" is derogatory towards the Officers of the Court. Request you to kindly remove such posts.
Anonymous guest 20 Oct 2010, 18:38
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@17: Why are you against the term baccha advocate? You are against an exam to test your real worth. In almost all countries of the world you have to pass an exam to qualify. An intelligent person has no need to fear the bar exam. Only the donkeys will fail. Certain "elite" law schools are afraid that their real quality will be exposed.
Anonymous guest 20 Oct 2010, 19:53
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I fail to understand the the ridiculous (and raucous) chorus of protest against the bar exam.

All advanced countries have stringent national/state licensing exams for entry into various professions, incl the legal profession.

And they don't stop at that - every year you have to spend a minimum number of hours in updating your knowledge and skills (called "continuous professional development").

The public should be exposed to only licensed practitioners - who have attained a certain minimum level of knowledge, skill and expertise.
Anonymous guest 20 Oct 2010, 21:29
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#19 what do you have to say about the already existing lawyers??In other countries things are already in place and not that we are being coward but just that the BCI should alos facilitate it properly. Why do a bunch of us jeopardize our future? so u mean to say that we bare the brunt of there past mistakes!! colleges across the country do not have the samekind of facility and hence it will be very demoralising for a few graduates if they fail to pass the bar exam!! They shoud device the machanism in a manner such that the students are aware of it fom there 1st year and also provide reading material and other things uniformly.
Anonymous guest 20 Oct 2010, 21:39
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Supreme Court adjourns Bar Exam petition yet again

The petitions against the implementation of the All India Bar Exam (AIBE) will have to wait for a few more days as the Supreme Court has once again adjourned the matter to October 25, 2010.
Anonymous guest 20 Oct 2010, 21:53
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I think 25 oct date is for transfer of cases hearing & not hearing on bar exam case. There is no chance for disposal before 5 dec. I think so.
Anonymous guest 20 Oct 2010, 23:17
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No one here is against taking exams..we have already given so many exams till now and this ones not really going to bother us.. but the matter of concern is the way of conducting these exams. People who have applied a month back have not received any letter of acknowlegdement, leave alone preparatory materials. Helplines are not workin. This shows that now the BCI is not ready to hold these exams given the exam date on 5 dec. The BCI had not organised the things well in place before deciding to hold exams. They shld see how the ICAI conducts CA exams with a separate board of studies department. I am sure that the exmas will be postponed. else how to prepare for all the subjects in one month time (hoping that the materials reach u by 31.oct). BCI shld learn from ICAI how to conduct professional exams instead of creating panick situation at last minute.
Anonymous guest 21 Oct 2010, 15:05
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I am not against the bar exams but the method adopted, a bad laws often lead to a worse ones. Selecting private companies at random can never be a good thing good without disclosing such projects to the public, annexing powers of state bodies(going against the federal nature of the union)-not good, BCI chief is Nominated and not elected therefore he cannot be the Vox Populi.
The SC and Various Government bodies have recommended the right process for implementation of such an exam none not even of the recommendations have been followed by the BCI.
The BCI cannot usurp extra powers to make laws, while such powers are only enjoyed by the Parliament. There is no doubt that the exams are good for everyone but wrong means undertake to fulfill a right cannot be justified, let’s put it simply “it cannot take the law into its own hands”.
Giving the contract to a private company which has it origins firmly entrenched in the coaching business to conduct exams.
Anonymous guest 21 Oct 2010, 16:20
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Madhya Pradesh advocates showed the way.
Now it is a duty to advocates of all other states to stand against BCI mockery.

We should organise more intense actions and put forward resolution against the whimsical chairman.
Anonymous guest 21 Oct 2010, 19:49
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I had a talk with a Delhi Bar Council official who declared to us in a hall - " all of you are enrolled .... start taking fees from today ". He expressly told me that we can appear before judges to take adjournments and all ... on the other head BCI head GS warned us for actions against such activity. Kindly advice what do I do .... should I refuse my senior and take the risk of being fired ??
swativerma 24 Oct 2010, 01:35
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LLB is just a degree but its up to u what profession u want to choose as lawyer. if companies and other firms conduct exams and test for their particular criteria den BCI should also conduct the exams as practicing is tough den doing any legal job coz they have to be expert in all legal branches ......but yeah one thing i accept tht it should be free of cast as many peoples cant afford exam fee who belongs from financially week families....
Anonymous guest 24 Oct 2010, 03:09
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Nobody is here to standardise legal profession or for social concern.
All are here to fill his own pocket.

How they can say after 5 years of study with their approved curriculum, "we are not upto the mark."Is not that questions about their own credentials ?

How they hold key positions with this type immature ideas ?
Anonymous guest 25 Oct 2010, 22:16
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this is total mani mantra of bci.if they want to take test then they take of all member of bci.new advocate lost the 5 montghs experience.if this tes benefit that the senior adv gave junior to atleast 10000rs/-then i m n this favour.
Anonymous guest 25 Oct 2010, 22:26
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if all adv give the test then i am favour in this test.This test couldn,t become good lawyer.its loss the experience of adv.new adv hav degree & licence.but they could not appear in court,whts its benefit.this test could not gave benefit to any person.yes,one benefit of this test is its lost the career,experience,or time of new adv.this become growth of country
Anonymous guest 29 Oct 2010, 14:45
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Wht abt those useless lawyers who already passed out before this judgement.. Make this compulsory for evry1 if u want... BCI u lisdtening or u gone deaf?????