The Bar Council of India (BCI) has announced that it will carry out its all-India bar exam in association with legal market services provider Rainmaker as a multiple choice test of 100 questions on 5 December 2010 that will require a “basic amount of preparation” to pass, although the BCI admitted that graduating students would probably not be able to practice in courts until 31 December.
The BCI chairman Gopal Subramanium announced the Bar Council’s Vision Statement 2010-2012 at an event held in Delhi at noon today, which was attended by law minister Veerappa Moily and included details on the proposed bar exam as well as relaunching the BCI’s new website.
In response to a questions asked by Legally India at the event’s press conference, Subramaniam said that the BCI recognised the problem for graduating students that they would not be allowed to practice in courts until they passed their exam on 31 December 2010, although starting to work in law firms would be possible before passing the exam.
He also said that the BCI would do its best to accelerate the process in future. “To be honest we tried to fast forward the time line so that there is no spillage or loss of time. But between the plus and minuses of the situation we also wanted to give adequate time to students to look at the course material,” he noted.
“We thought it would be unfair just for the sake of abridging time because we’re dealing for the first time with over 800 colleges. The date of declaration of results for these colleges is not uniform so from next time we’re going to insist for a uniform date for declaration of results in all colleges. And this really is a special problem this year - teething problems - but they will not occur next year.” (article updated with quotes 18:48pm 2 June).
The ambitions of the exam would be to assess advocates’ “ability to practice the profession of law”, “capabilities at a basic level” and “analytical abilities and basic knowledge of law” by setting a minimum standard for admission, according to a presentation which was made at the event today.
The exam will take place on 5 December, with registration taking place from 15 July to 15 September 2010 at state Bar Council offices. Preparatory materials would be despatched to advocates between 16 August and the first week of October 2010.
Results are set to be announced by 31 December 2010.
The new website of the BCI sets out that the exam would cover “twenty subjects from amongst those prescribed by the BCI for the syllabi of three- and five-year LLB programmes” in two categories.
The first category is ‘foundational’ in nature and includes seven questions each on alternative dispute resolution, the Civil Procedure Code and Limitation Act; constitiutional law; contract law including specific relief, special contracts and negotiable instruments; criminal law 1: the Indian Penal Code; criminal procedure; drafting, pleading and conveyancing; evidence; jurisprudence; professional ethics and the Professional Code of Conduct for Advocates; and Property Law.
At least five subjects in Category II will be examined in 23 questions that will be “also critical for a new entrant to the practice of the profession of law” and include administrative, company, environmental, family, human rights, labour and industrial law, tort, motor vehicle accidents, consumer protection, principles of taxation and public international law.
The exam will be an “open-book” format, to which advocates may bring “preparatory materials” such as books and handwritten notes. Questions will be 100 multiple choice questions, where the “focus is on reasoning ability, rather than ability to memorise large texts”, and the only possible marks are either pass or a fail, with no ranks or percentage marks published.
The exam is subject to an application fee of Rs1,300 by candidates, which will include preparatory materials in any of nine languages, while the exam itself will also be conducted in nine languages and held at various test centres across India, according to the presentation.
The paper will be prepared in consultation of an expert committee made up of former Supreme Court India judge P.K. Balasubramaniam, former former ISRO chairman MGK Menon, Vice-chancellor of Jamia Milia Islamia Prof Najeeb Jung and senior advocate and additional solicitor general R N Trivedi. The commitee will analyse the results of mock tests held at a number of law schools in India, with their feedback being incorporated into the exam.
After weeks of its rumoured involvement, legal market services provider Rainmaker has now also been confirmed as assisting the BCI in holding the exam.
Photo by comedynose
Comments
However, after the syllabus, dates, pattern of exam being clarified herein it really seem to be a welcome move to me.
Application fee of 1,300. Why? I really wonder how many lawyers (who are in littigation) can pay for it? Applucation fee applicable each time one has to sit for the exam?
What the hell? why so? how much have they [...] the ministers?
Why the exam? whats the point?
Dear Dexter,
Beware of this scam about post-enrollment qualification..nobody will pay u a penny till u clear the exam! and Mr.GS, all though he decides a lot of things, he can't decide how to interpret the advocates act!
Why doesn't BCI give a small transparent presentation on the legal status of this exam and what finalists will and will not be allowed to do till December...any light on this point will be welcome!
I see no point in the exam, I really wonder if any one at all will flunk it.
If the purpose of the exam was to filter out the chaff, then it should have been a little more difficult.
Everyone who passed their final year exams, without a book (hopefully)will clear this exam also.
Further for better administration of the exam also it could have been held in 2011 for the next batch of graduates.
All this actually raises doubts regarding the intention behind holding the exam and credibility of everyone involved.
The BCI seems to have confused itself with the BCCI in trying to throw its weight around and not consulting all stakeholders before rushing with all this hoo-haa and subcontracting to a private party.
That's what one takes away from all this-- what's the hurry? If only the government moved with such haste on more important social issues.
I expected a lot more from Gopal Subramaniam.
Logistically this exam should be enforced for the batch of students passing out next year.
Not losing more than eight weeks: Right, you are announcing the exam today, finalising the date for the 5th of Dec, giving the material on the 16th Aug, and results are out on 31st Dec. and this time frame allegedly is adding upto eight weeks?
Probably the period of seniority would be counted from 31 January 2010( the day when we pass the exam) . n if that be the case then your apprehention of loosing 6 month period is true
Also, may be Rainmaker will provide this Book to be opened & it will have its own cost.....ha ha
Moily and his ministry are the biggest [...] in the UPA.
was any one else considered?
correct me if im wrong - but dont rainmaker consist of law grads who have never been to court. Isnt their capacity in corporate settings?
Why cant the council set the paper themselves considering the experience they have
1. Enrolment will be by the State Bar Councils after the students graduate. The right to practise before the courts is only after the exam is passed. Seniority is based on date of enrolment, not on passing the exam. Those who enrol can still do EVERYTHING except file or appear in a court.
2. Rainmaker has received no payment for the website, for the simple reason that the BCI is wholly cash strapped. There is no payment to them, and hence their revenue will be out of a part of the Rs 1300 exam fee. The rest goes to the various Bar Councils.
3. The exam will not be easy. Many will fail, and BCI and Rainmaker will be blamed for having attempted to set basic standards.
4. No statutory amendment is necessary for a post enrolment condition laid down by the BCI.
@6: thanks dude for your kind advice. I realize the same.
Besides, end of the day: Bar Exam is still void of any legal credibility/sanction. Advocates Act must be amended, without which bar exam is ultra-vires.
Had never ever heard of this Rainmaker, so googled for it. From their website, it is quite clear that they came into existence only in 1997. And had read in legally India that they have already had a split. Appears that this organization is run by some NLS graduates with little work-ex who have no know of the practicalities of the profession.
Or is it that BCI is not serious enough about this whole exam business!!!
Is there any negetive marking too?
HOw will u tackel them because those frustrated law gradutates will not sit keep quite and in courts no judge is ever concerned to see whether the advocate is tout or relaly enrolled.
I guess BCI must put a guard on the main door of every court room to check if the person is only enrolled advocate or has actully cleared bar exam or not.
[No, we're posting up all comments within our usual rules, particularly pro as the debate has not been very balanced so far. Moderator was out for a meeting so there was a bit of a backlog and some comments may have been missed... But impressed you take screenshots of comments! -Ed]
Why the hell did they not do the exam in July and if they couldn't get their act together why can't they spare us?
Mr. GS is certainly going to get a few sleepless nights over this...after all we are not going to bear these troubles alone..
And guys please stop thinking someone somewhere will file a writ..
or get yourself impleaded in this case
http://courtnic.nic.in/supremecourt/temp/dc 2233708p.txt
Bonnie Foi Law College SLP No. 22337/2008
preparation for entrance test, 3 years law or 5 years, giving bar exam, joining senior getting less then 5000 rs in many cases free also, then waiting if on some day we can get a single client,
and compare career in any other field, u can see the difference instead of making legal profession more attractive full endevour has been made to corrupt the minds of young lawyers so that when the y becomes lawyers then they becomes greedy and stop serving anything to the society becuase society is not paying anything to the lawyer
The BCI Website makes it clear that every one can enrol. But only for the purpose of practicing before the Court, one has to clear the Bar Exam.
If any one wants to challenge the Exam as being violative of the Advocates Act, 1961 - yes they have a valid point and they can surely test the proposition before any court of law. No one stops them.
As regards why only 2010 law graduates and not earlier batches? - It hinges on the question of intelligible differentia. If any one is aggrieved, they can approach the court.
As regards Rainmaker hosting the BCI website and Rainmaker helping BCI in holding the Bar exam, the matter is between BCI and Rainmaker and the graduates can have no say - unless they have any concrete proof of wrongdoing or nepotism or insider information leaking etc.
The people who are participating in the discussion forum are all educated law graduates. But the kind of discussion seems to be like wailing and breast beating by an hapless old widow!
Loss of six months, seniority, exam with short notice etc. etc., are all sheer paraboles.
Let the forum focus on concrete issues like (i) whether BCI is having power under the Adv. Act to hold the proposed exam? (ii) whether there is any violation of Adv. Act since it propose to create two sets of advocates - i.e. enrolment without authority to practice and enrolment with authority to practice (iii) whether prescribing the exam only from 2010 graduates, and leaving out the earlier batches, is correct. All these issues can be taken up before the SC straight through a petition, once the results of the llb exam is out and the aggrieved persons become available.
Instead of wasting time in calling names, alleging motives and moaning, the young graduates must gather all the points with supporting authorities if any and then file the case on solid grounds and sound arguments.
it is unfortunate that in order to showcase his reformist zeal , we have suffered.
I was just penning my comments requesting you to stop comments in SMS language of #49. To my pleasant surprise you have already done so.
In any case request the moderator not to permit the SMS language at all. For after all, this forum is meant for budding and flourishing lawyers who have to write proper english - the forum is not meant for SMSing ones fiance or pal!
[Agreed. So sorry about your post, I did not even notice the irony in your post as my eyes just glazed over as soon as I saw 20 2-letter words in a sentence... For reference and amusement, your reply now reposted: "wrt lyk dis nd i cn tl u dat upsc is a lng sht fr u."
Anyway, yes, SMS speak will be mercilessly deleted, except for in a few select discussions involving younger readers where we might make exceptions. -Ed]
@ those who have an idea wats going on
After clearing the exam are we still supposed to pay Rs. 6500 (normal class) or 8500 (executive class) to bar association like Bar coucil of delhi to enroll or the 1300 fees covers all of the enrollment formalities. I think if 1300 is being charged instead of the outrageous 6500 to make us eligible to practice law then it is fine. I have no complaints. But after clearing the bar exam by paying 1300 and then again paying 6500 to enrol in the regional bar councils then it is plain fraud and thieviery planned by the BCI and regional bar councils.All this so that one can fight for justice. What a legal system.
1) What process was followed to shortlist Rainmaker?
2) Was any competitive bidding done (which is essential to ensure competitive prices at good quality)?
3) why should candidates pay Rs 1300 if the same exam could have been held at much cheaper cost? What efforts / safeguards did BCI take? Can they reveal the same in a transparent manner on their website as to which all agencies were invited for this job? and what are their credentials?
Unless these questions ( and several more..) are ansswered by BCI they will be lablled as having collusion between Rainmaker and BCI.
Why shouldnt there be CBI inquiry into this alliance (if CBI could inquire MCI why not BCI)? Ultimately it will be candidates hard earned money which these guys are preying upon.
If you are a competitor to RM certainly you have a right to question. But unfortunately I don't think that this is the forum for that.
"As regards Rainmaker hosting the BCI website and Rainmaker helping BCI in holding the Bar exam, the matter is between BCI and Rainmaker and the graduates can have no say - unless they have any concrete proof of wrongdoing or nepotism or insider information leaking etc."
That's a completely atrocious statement. You clearly work for Rainmaker, don't you? BCI is a statutory body and it is imperative that their dealings are clean and transparent. How can you say that we don't have a say in it? I am a member of the BCI and therefore, I am entitled to know the workings of BCI. We all have a say in re the process that was adopted to appoint Rainmaker
FYI have had a conversation with someone close to the exam planning and apparently an FAQ will be posted on the BCI website on Monday which I was told would clarify a lot of points.
Best regards,
Kian
But the moot point is what is one up against? Whether it is the bar exam, or the persons/organizations appointed to assist in conducting the exam? To my mind it is the bar exam per se and not the other issues. Whether the BCI is empowered to conduct the exam without amendment to the Advocates Act etc. etc. This being the core issue, why digress? As a budding lawyer, you should localise the main issue, instead of getting defocussed and spending energy on trivial issues, which in any case does not have any bearing on the main issue at all. Please go through the comments from 1 to 63, you will find where most of the discussions lead us to. To say the least, each comment should add value to the point at issue. But what I am finding is verbose expression of sheer emotions breft of sound arguments against holding of the bar exam per se.
As pointed out at #46, the forum should focus on concrete issues like (i) whether BCI is having power under the Adv. Act to hold the proposed exam? (ii) whether there is any violation of Adv. Act since it propose to create two sets of advocates - i.e. enrolment without authority to practice and enrolment with authority to practice (iii) whether prescribing the exam only from 2010 graduates, and leaving out the earlier batches, is correct. All these issues can be taken up before the SC straight through a petition, once the results of the llb exam is out and the aggrieved persons become available.
What I am appalled is the hurry with which GS rushed in everything into this exam intiative - hold your breadth sir - heaven wouldnt have fallen if there was a modicum of larger debate rather than pre-prepared press relases through favourite media friends. Have some debate to introduce credibility into an initiative which will impact every law graduate - current and future - by all means increase standards of the Bar but have some debate and invite comments.
And then why Rs 1300 - why not Rs 500?
It is a fact that BCI definitely would have been able to reduce the price of test significantly by bringing in fair and transparent competition - it is not without reason that govt. has tender / bidding norms.
On facts that emerge from the article ….
- I wonder how this ‘enrolled lawyers w/o right to practice’ and ‘exam-passed lawyers with right to practice’ distinction is being done when the Advocates Act contemplates only 1 category of lawyers ??? Maybe BCI will get the Act amended, but otherwise, this question remains.
- If law grads can do everything other than ‘filing and appearing’, then essentially, they can do nothing. Majority of law graduates work in lower courts, where they earn a living by making appearances and filing etc. While it may be argued that they would not earn much in the 1st six months in any case, it is not in the BCI’s domain to deprive people of their right to life and livelihood in this manner. While BCI can frame requirements for right to practice, BCI is not empowered to prevent people from practicing till December. Either start this exam next year, or implement it right now with a provisional practicing license being issued till exam results are announced (if that is logistically possible).
From another perspective, open book exam and paper being easy as compared to other countries is not embarrassing or bad. The idea is to have lawyers who know basics and have legal reasoning skills. Its is a good idea and the BCI is being very dynamic here, and keeping in mind various limitations.
It is appalling to see BCI doing things that are in contravention of the Act and the procedure established by law, esp. with GS in charge (whom I respect a lot, like many others do)
i. That earlier batches can enrol and practice without this exam.
ii.That one take admission in any course with planning, when the current students took admissions there was nothing of the sort of exam. As per advocate act'1961 the status for them was that they shall become advocate immediately upon clearing their LL.B. so the exam is barred by the law of estoppel and as per principle of natural justice can only be made applicable for students who are going to take admissions in LL.B. from now onwards.
iii. That till now, Bar Councils do not register a person holding LL.B. but employed in other vocations, can the Bar council enrol such people now.
iv. The doubts require clarifications boss.
as far as my case is concerned, I am a LL.B. 2008-09 passout so can get enrolment without exam, but in my opinion things should be implemented post changes in advocate act and that too for students who intends to take admission from now on. and not for people already undergoing LL.B.
regards
So all you BCI and Rainmaker supporters, you can either:
1. pray that no one goes to court against this move of BCI, i.e. holding bar exams at short notice and appointing Rainmaker to conduct exams; or
2. keep quiet on this forum and instead concetrate on preparing your defences and arguments to build up a strong case against such writ. t
thanks, regards, corporate lawyer with 7 years in profession
Long story short - RM will create valuation for their company by showing their order book from BCI (actually it is not BCI...it is the money of hapless candidates from nalgonda, allepey, lucknow, siliguri, mavalikarra, bikaner and so many other towns that make up India) - this money from candidates will improve the valuation of RM (and not BCI) - RM will find a buyer (like found a buyer for LST) and sell their company for a huge profit. Shouldnt there be a larger investigation, frineds?
To RM: Please sirs this is not Wall Street..this is Indian lawyer Marg.
(however I have a friendly advice- if you find any shares of RM please buy them, when RM will be sold at a high valuation the shareholders will make a killing)
I find all this very reprehensible and this also vitiates the larger deabe of Bar Exams.
Would the appointment of rainmaker also be clarified in the FAQs being put up on Monday? The appointment of rainmaker definitely seems to be a FAQ, judging by the comments here. Maybe RM or BCI may wish to come clean & clarify the appointment process. Maybe Kian, you could ask GS or RM to clarify for LI's readers
start producing Coaching Material from there on "How to crack the Bar Examination"
Addressing the meeting the district secretary, Mohit Mishra said that there is no relevance of any test in the legal profession until the government ensures providing salary, allowance and pension benefits to those who clear the entrance test and become lawyers. If the government is interested in producing deserving lawyers than it should provide financial assistance to law institutes and colleges imparting legal education so that they can recruit adequate number of teachers and provide necessary library facilities.
http://timesofindia.indiatimes.com/articleshow/6008887.cms
Now we should discuss law points.
Mr#87 instead throwning venom at others try put forward your points favouring the examination.
we have to fight against BCI, so keep on making plans how to stop him as son as possible otherwise Law students Vs. GS, Molli& Others
Is it justice or shameless promotion of firms and gateway for foreign firms...
Moreover they get proper stipend during their internship.Is BCI thinking about it for those who qualify the Bar Examination.If not...their is no point conducting the examination.
Betterment of a "part of society" is a natural process it cannot be forced upon.
Does that mean that the first exam can only be conducted in 2015. Perhaps in the interim the BCI and Rainmaker (we need their services in my part of the country) can hone their skills by conducting mock tests and refining their database.
http://www.barcouncilofindia.org/notification-amending-conditions-for-right-to-practice-and-bringing-the-all-india-bar-examination-into-force/
A resolution was adopted by the Bar Council of India on 10 April 2010 to conduct an All India Bar Examination, the passing of which will entitle an advocate to practice law in India. Consequent to the resolution, the following rules were inserted into Part VI, Chapter III of the Bar Council of India Rules. It is yet to be published in the Gazette of India.
[To be inserted as Rules 9 to 11 in Part VI, Chapter III of the Bar Council of India Rules – Conditions for Right To Practice – under Section 49(1)(ah) of the Advocates Act, 1961]
RESOLVED that as the Bar Council of India is vested with the power of laying down conditions subject to which an advocate shall have the right to practice, these Rules, therefore, lay down such condition of an All India Bar Examination, the passing of which would entitle the advocate to a Certificate of Practice which would permit him/her to practice under Chapter IV of the Advocates Act, 1961.
9. No advocate enrolled under section 24 of the Advocates Act, 1961 shall be entitled to practice under Chapter IV of the Advocates Act, 1961, unless such advocate successfully passes the All India Bar Examination conducted by the Bar Council of India. It is clarified that the Bar Examination shall be mandatory for all law students graduating from academic year 2009-2010 onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961.
The All India Bar Examination
10. (1) The All India Bar Examination shall be conducted by the Bar Council of India.
(a) The Bar Examination shall be held at least twice each year in such month and such places that the Bar Council of India may determine from time to time.
(b) The Bar Examination shall test advocates in such substantive and procedural law areas as the Bar Council of India may determine from time to time.
(c) Such substantive/procedural law areas and syllabi shall be published by the Bar Council of India at least three months prior to the scheduled date of examination.
(d) The percentage of marks required to pass the Bar Examination shall be determined by the Bar Council of India.
(e) An unsuccessful advocate may appear again for the Bar Examination, without any limit on the number of appearances.
(f) The Bar Council of India, through a committee of experts, shall determine the syllabi, recommended readings, appointment of paper setters, moderators, evaluators, model answers, examination hall rules and other related matters.
(g) The Bar Council of India shall determine the manner and format of application for the examination.
(h) Upon successfully passing the Bar Examination, the advocate shall be entitled to a Certificate of Practice.
Application for Certificate of Practice
11. (1) The Certificate of Practice shall be issued by the Bar Council of India to the address of the successful advocate within 30 days of the date of declaration of results.
(2) The Certificate of Practice shall be issued by the Bar Council of India under the signature of the Chairman, Bar Council of India.
They might have opted for another career if they knew the gliches attached due to BCI hesty decision.BCI cannot do whatever they like.
It should be made mandatory for Practising lawyers also from whose behaviour the presumption of "low standard" have been made.
You canot keep a busket of fruit fresh without throwing out the rotten ones.
What about rainmaker...they have websites too.
BCI is playing double standard.
What is the minimum percentage of marks required for clearing the All India Bar Examination?
The minimum required score to clear the All India Bar Examination is 40% (that is, 40 out of 100). Do note, however, that this issue is being finalised with the Expert Committee set up by the Bar Council of India. There is no negative marking in the All India Bar Examination.
Is there a separate cut-off in the All India Bar Examination for different subjects or sections?
Advocates need to get at least thirty-one (31) marks in the first section, comprising the ‘Category I’ subjects, and at least nine (9) marks in the second section, comprising the ‘Category II’ subjects. Do note, however, that this issue is being finalised with the Expert Committee set up by the Bar Council of India.
Nothing is clear.Everything will be finalised by the "Expert Commitee" after the exam.
So affected students should standup and fight.Who gave them right to do so.
All student unions should come forward to fight the menace.
Basically BCI is making experiment on it.
What will happend if Exam gets flop like it happend with CAT who will compensate our year.
Most of them who belong to this society may not be able to put up a blog here because they are "presumed" to be not upto the mark.
I know one of them (I admit my fault) who told me it would have been better instead of learning law for 5 yrs if he had learned ITI or junior techical courses.
Mr. Minister and Reformists try to think about them even if in your wildest dreams.
Reforms cannot be made by inflicting hardship on weaker section of the society and breaking their small dreams.
I dont know why not anything is being published in newspapers.
The only concern for us it stop this exam atleas for students passing this year. I dont understnad why cant they start this exam for next year students.
Student unions of law colleges,universities should project it to the respective authorities and to the media.There should be debates over the issue.
What the bar associations are thinking about it ?
Then they can think to take examination even on monthly basis free of cost.
In the name of improving standard they are actually feeding a company out of public money.
ONe of the important concern is also are senior advocates actually senior
PEOPLE WAKE UP FIGHT FOR UR JUSTICE THEN ONLY U WILL ABLE TO FIGHT FOR OTHER .
plz reply me...
for eg:
medical,MBA,Engineering entrance are taken before admission and admissions are given on the basis of CET marks.
That is a correct way.