The bar examination has faced further hurdles in a fourth court case by a Karnataka student, while a group of protesting final year students representing a number of law schools met law minister Veerappa Moily last Monday evening, calling the exam an unfortunate decision taken in haste that could cost jobs.
A delegation of final year students (pictured) demanded of Moily that this year’s graduating batch of law students should be exempted from the exam while asking for the constitution of a committee to look into legal issues and concerns related to the exam.
The president of the student’s delegation Siddharth S Seth of Amity Law School of Guru Gobind Singh Indraprastha University in Delhi told Legally India: “I am not at all against the idea of this exam; it’s a very wise decision. But they should make some legislative changes and have proper and effective interaction between university students.
“Systematic planning, consultation and a consensus should be formed before implementing any such important decision which is affecting lakhs of law students across the country.”
The students also alleged in their written representation to Moily that “many companies, law firms and offices are now revoking their job offers as they call all these students unproductive for the firms as there is a bar exam on December 5. It must also be noted that these offers are being declared as ‘cancelled’ and there is no guarantee that these students will get jobs after January 2011.”
Legally India has contacted a number of major law firms to date but none have to date responded to explain how the bar exam would affect students with current offers.
Meanwhile, in Karnataka High Court final year Sarvodaya Law College law student Murali Prasad has filed a writ petition challenging the bar exam, according to national daily DNA.
Prasad claimed, according to the paper, that he would be without a job for five months despite clearing his LLB degree, which violated Article-19(1)(g) of the Constitution that provided citizens the right to practise any profession or to carry on any occupation, trade or business.
This latest case follows two public interest litigations that were filed in Gujarat and Madras High Courts last week.
If your pre-placement or job offer has been revoked or shelved by a law firm into an internship, please contact us confidentially and we will investigate further.
Comments
I am not quire sure if a petitioner , in this case a final year law student can 'issue' a writ petition in a High Court. I am sure you meant to write that the final year law student filed a writ petition to challenge the bar exam..........It is surely the prerogative of the Hon'ble Judge to 'issue' the writ !!!
[Many thanks for pointing out, we have corrected the unintentional error. -Ed]
Trust the above is clear.
How typical of us Indians to create noise against things which we dont like but screaming from the rooftops about what we have in hand..
Keep the good work going.
What #2 states is surely a possibility, but since the law will not distinguish the so called new breed of lawyers, I would not bother much.
I wish you must do proper research on legal as well as practical aspects of the issue of Bar Exam, Bar Council of India is at all not empowered to prescribe pre or post training examination. This is a conspiracy hatched against the Law Graduates hailing from non prestigious Colleges of various remote parts of India.
Had Respected Solicitor-General come from poor rural background, there would have been no such proposed Exam.
Moreover I don't want to suffer trauma of Examination any more, and further, If due to some petty reason say bad stomach, I miss December Exam, I would be bound to wait next six month.
God bless me and of course to authorities with more practical wisdom.
Those who have doubt must read supreme Court decision in V.Sudeer V. Bar Council of India I
Your comment itself suggests that the training in some law schools is not at par with what is expected. If that is the case, how can students from these colleges be let loose on the society with licenses to engage in the practice of law, that too as of right?
I personally find it offensive for a regulatory body that has failed to maintain standards in law colleges to introduce a bar exam. In fact, my feeling is that the Bar exam is precisely intended to rob attention from the more fundamental problems with legal education that the BCI has evidently (and now admittedly) failed to tackle. It remains to be seen if the BCI will do anything to change the fate of hundreds of law schools in the country in the coming days. The chances are that it will not.
However, the problem is the way they are implementing it in a hurry, as I have been told that people will get hardly a month to prepare for this exam and there would be other agendas on the list like getting a job etc. So i guess only this year there will be a fuss which should be accommodated.
plus BAR EXAMS should always be question of law.
And what the BCI chairman feels or claims in open court should not be ground for the entire BCI to go ahead and do something that is not permitted in law.
This also talks a lot about the BCI's legal know how. i guess they forgot "little knowledge is to dangerous".
also it is strongly felt that they should have a Exam for the BCI's chairmanship so that such decisions can be made with greater thought and lesser accent.
B. That they believe that the bar exam is not a good idea?
I'm an NLSite,but I hate it when people dismiss other law schools for absolutely no reason. Whichever school/college you belong to care to carefully read the article before incessantly bashing up anyone.
PRESS RELEASE
Sunday June 20th 2010 .
A national student delegation consisting of law students throughout the country will be meeting the Hon. Law Minister Dr. Veerappa Moily and the Law Secretary Government of India on Monday, 21st of June 2010 . The delegation is opposing the idea of National Bar Exam being conducted on 5th December 2010. The delegation is strongly protesting this examination and calls it highly demoralising, unplanned and something which is unsystematically being brought on floors.
The Convenor of the delegation Siddharth S. Seth, speaking on behalf of law students across the country declared this move of conducting National Bar Exam as an unfortunate decision taken in haste. He points out that there are several grounds on which this examination can be declared unconstitutional.
He further adds that every profession should have consistent improvements and law being a noble profession needs the most but, for improving any profession there needs to be systematic planning, consultation and a consensus should be formed before implementing any such important decision which is affecting lakhs of law students across the country.
In light of the above, the delegation would like to draw your attention to some of the very acute problems which the final year students passing this year ie; 2010 batch are facing:
1.The news in relation to the National Bar Exam was brought to our notice only in May-June, 2010 through news reports in some news papers.
2.There was absolutely no information with us regarding this exam before the academic year started. Neither the Bar Council of India nor the respective State Bar Councils sent any guidelines or information of such examination being conducted this year to any university or law school. Therefore all of us were totally clueless about any such examination.
3.Till date there is no information regarding the pattern, syllabus or study material for this examination and how it will be conducted. Only some vague information is on the website.
4.All the final year students passing in June 2010 will be jobless for another 7 months until the result comes.
5.As per their 10th semester curriculum all the students have completed their three months compulsory internships and have worked day and night in their respective offices to attain PPO’s (Pre-Placement Offers). Unfortunately all their efforts fail when many companies, law firms and offices are now revoking their job offers as they call all these students unproductive for the firms as there is a bar exam on December 5. It must also be noted that these offers are being declared as “cancelled” and there is no guarantee that these students will get jobs after January 2011.
7.As per the website the “Study Material” for this examination will be provided to students only after mid October 2010 and the examination is on December 5 , 2010. So there is roughly 1 month time for these final year students to prepare for this national bar exam on which their entire future rests.
8.There are universities where the examination system is running very late and even the IX th semester result is being awaited . As per the information sent to this delegation by several law students studying in such universities they will be completing their Xth semester only in late November or December 2010 and therefore would then be declared ineligible for this exam. This will actually create a great trouble for all these students as already their university by running late is wasting their 6 months and then they will have to wait for another 6months for the next bar exam. There are several practical problems like syllabus, course pattern, etc.
9.The students most respectfully submit that they are never afraid of such exams but at least proper knowledge, guidance and instructions should have been given on time before the academic year started so that they could have prepared well for this exam if at all there is a need for such an examination
10.The student are highly tensed these days as there new jobs are being cancelled, the students going in litigation will not be able to take any brief or matter for all these months and therefore will be unproductive for their respective firms or offices as they cannot draft any brief and file a vakalatnama.
OUR DEMANDS
1.The Hon. Law Minister immediately declare that this exam will not be applicable on 2010 batch of law graduates throughout the country and immediately stay this proposal of the BCI to conduct such examination.
2.To appoint high power committee consisting of Jurists, Retired Supreme Court Judge, Academicians , noted lawyers and representatives of student bodies to inspect , investigate and recommend on the following queries:
•Whether the BAR COUNCIL OF INDIA is empowered under the constitution to prescribe norms, conditions and rules for enrolling in bar? (The Supreme Court of India in Indian Council for Legal Aid and Advice v. BCI, Madhya Pradesh High Court in Dr.Shekhar Seth v. State Bar Council of M.P and Supreme Court in V. Sudheer V.BCI have clearly said that the Bar Council of India has no power to formulate new condition for enrolment in bar . This can only be done by parliament by way of an enactment or amendment in the Advocates Act.)
•Whether the decision of the Bar Council is within the legal framework as provided under the Advocates Act, 1961 read with the Constitution of India or it’s unconstitutional and ultra vires the act ?
•Even if it is assumed that the BCI has the requisite power to lay down the conditions for enrolment in bar – Whether proper and just procedure of consultation and sending guidelines to the recognised universities and law colleges was exercised?
•Why were the law colleges and students not informed about this idea before the academic year started?
•When the Universities are already approved by BCI why is there a need for such a bar exam?
•On what basis a private entity called RAINMAKER was given the entire task of conducting such an important national examination?
•Whether a tender notice was issued before giving the entire task to RAINMAKER?
•Whether there was any consultation with the Ministry of Law on this proposed examination?
•Whether conducting examination in such a hurry with absolutely no ground work like giving guidelines on its pattern, suggesting steps to improve legal education, prior information to students, etc will gain good and desired result and achieve the object which is being aimed?
CONCLUSION : It is therefore expected that the Hon’ble Law Minister in light of the above submission will take a quick decision as demanded in the interest of justice to the profession and the law students throughout the country. We expect that justice will be done to us soon and the respective bar councils of the respective states will be ordered to open the registration for us. The National Delegation if need be will resort peaceful demonstrations throughout the country if its valid submissions are not considered in good spirit.
FIGHTING FOR JUSTICE
New Delhi.Siddharth S. Seth
Convenor of National Delegation &
Final Year Amity Law School, New Delhi.
(Approved by all the members of the delegation.) Ms. Ankita Rustogi
Co-Convenor
@no.8 it is very easy to point fingers or abuse publicly( NOT PROFESSIONAL AT THAT)regardless we only wanted that our points be heard and that we dont loose out 7 months even after we are finished with our law course.
Why did you not draft a petition in favour of foreign law firms and give it to Moily?? If you are worried about jobs then the issue of foreign law firms is far more important than the silly bar exam which most peopel will pass anyway.
You should hae explaine dto the law minister that Indian needs foreign law firms to create more jobs for people like you....[...]
[rest of lengthy comment deleted due to being in ALL CAPS and written in text message speak and punctuation. It is almost impossible to read. If whoever posted this would like us to send us your old comment by email so you can rewrite it, please get in touch.
Apologies, but the level of writing in comments and forums has been decreasing rapidly. From now on we will be much stricter enforcing this rule in most threads. - Ed]
The Administrative Judge,
Bombay High Court (Nagpur Bench),
Civil Lines, Nagpur.
Subject: Regarding the applicability of Bar Exam to the students passing out in the academic year 2009 – 2010
Sir,
We are a group of 32 students who intend to practice and are deeply aggrieved by the decision of the Bar Council of India to subject us to ‘Bar Exam’ in order to give us ‘License to Practice’. Some of the preliminary objections that we have are as follows:
1.The exam is scheduled to be held on 5th December 2010. Whereas, examinations of all the universities will be finishing in the month of July 2010. The results will be declared upto August 2010. In such cases, if the proposed amendment had not been made by the Bar Council of India (herein after mentioned as BCI in short), all of us would have been able to practice law and appear before the Courts in the month of August 2010, after the enrollment with the respective regional Bar Councils. In the present case, the tentative date for declaration of result of the aforesaid mentioned examination is 31st December 2010, which in fact is almost 5 months delayed. The question before all of us now is as to what right does the Bar Council of India have to withhold us from appearing before the Court of Law for a period of 5 months and thereby violating our fundamental right of practicing profession under Article 19 (1)(g). Article 19 mandates that in case of professional qualifications, reasonable restrictions might be put in place (by the BCI, in the instant case). However, the graduates of 2008-2009 have been completely exempted despite of the fact that they studied on the same course as we did.
So, are those graduates superior to us? If no, then why is equality being violated as they are exempted and we are not?
2. Moreover, no other professional course in India (M.B.B.S. or B.E. or B. Arch or any other) has got any such test applicable. In fact, even the U.S. Bar Exam or the U.K. Bar Exam do not propose to destroy the six months of the career of any aspiring law practitioner. Then, why is India setting a wrong precedent.
3.We hereby submit that we are not against the examination proposed by the BCI, however, we are against the late conducting of such an examination, as the same hampers our prospects in the longer run. If the same is conducted by the BCI in the month of August 2010, then, this present letter seeking justice would not have been written to Hon’ble Lordship.
4.Not all of us belong to very affluent backgrounds and hence, scholarships were a source of fees for many of us while completing our law courses. Now, with the decision of the BCI to take this exam, not only are we deprived of our source of livelihood, but we are also forced to think of other options of livelihood such as joining law firms against our wishes.
Now, the big question is, whether this decision of the BCI is intended to drive us out of private practice of law, thereby promoting the law firm culture. Thus, the State (as defined in Art. 12) is deliberately violating provisions of Article 39 of the Constitution of India.
5.According to the rules and regulations that have been mentioned on the website, we are required to enroll with the regional Bar Council’s and thereafter give the examination. This dual method of extracting fees and thereby generating revenue has mandated us to re-think and now repent on the decision to join law. The students who pass out from the National Law School’s or other privately owned institutions can afford to spend such money. However, we are hereby being deprived of our opportunity to appear for the said examinations in case we are not able to arrange of the specified sum of money demanded by the BCI.
6.It is the claim of the BCI, in certain newspapers and other internet news bulletins that they are conducting this examination in the month of December 2010, however from next year, the same exam will be held in a regularized manner in the month of October – November, so as to save the time of law aspirants. In the instant case, the present batch of 2009 – 2010 is thus being subjected to unfair treatment and being singled out, thereby destroying all the provisions equality and arbitrariness.
7.No provision of any verification of results, re-totaling or any other mechanism like re-checking of answer sheets, Photostat copies, etc is being provided by the BCI. Hence, the BCI is out to create a completely monopolistic system, whereby they are the sole authorities and any decision or step against their domain might even result in ‘malafide’ failure with no recourse but for re-appearing the said examination again after six months. This system lacks transparency and hence is a glaring example of arbitrariness.
9.An apparent solution that we can envisage within our limited intellects has a three-fold approach. The same is as follows:
a.Conduct the examination in the month of August 2010, or
b.Give us a provisional license to practice law until the examination in Dec’ 2010, or
c.Exempt the current batch altogether from the said examination
10.We also request an expeditious hearing as the matter needs to be settled after a final hearing before the month of August 2010, or otherwise, justice delayed will be justice denied to us in the truest sense of this saying.
Also, we are all apprehensive of the fact that in case our names are disclosed, then, the BCI will not allow us to either appear for the said examination or if we appear, then not to pass the said examination. Hence, we are not approaching this Hon’ble Court in personal capacity and filing this representative petition. Moreover, no provision of review, photostat copies, revaluation, etc has been provided which makes the examination very subjective and complete lack of transparency is promoted.
We are hereby aggrieved of this decision of BCI to take the present examination in the month of December 2010. We request Hon’ble Lordship to kindly treat this letter as a PIL and give us justice.
32 students of the 2009 – 2010 batch
CC to: 1. Chief Justice of India, Supreme Court, New Delhi
(for information and necessary action)
2. Chief Justice of High Court of Bombay, Mumbai
(for information and necessary action)
Thanks to you on behalf of all the lawstudents passing in 2010
Well, it is really satisfactory that the great campaign started by the students as mentioned above is gaining national momentum and the news is all around.I congratulate and extend my full support to the delegation which met Mr. Moily recently. I would just like to ask Siddharth, the President of the National Delegation that what will be his next strategy in Delhi. please keep us updated. I am sure that the delegation's hard work will achieve the desired result soon.
Cheers.
Final Year Passed Graduate
HNLU , Raipur
Hey same question Sid is it true that that ur delegations proposal to call off the Bar Exam this year is being considered ..... or they have agreed ? cheers man ..... pl update us soon how was ur meeting man. there is also a news published in bombay saying the law minister will ask bci to exempt 2010 batch for appearing in bar exam after this delegation met him , ppl in bomay are with u all guys . ! JAI HO !
Well sm body told me that Gopal Subraminum just landed india few days back and he has been greeted by shoking news throgh national media on this bar exam oposition issue ..... haahhaha his head, stomach and all must b paining :-) well done guys, by the way ur delegations deliberations are also swinging in banglore ...... iam sure #31's coments come true.. all the best Siddharth and Bombay guys....
i find it as a serious concern with the remote law colleges, is the law aims to create a fear in remote village law students who do not have any resources make them to remain in abyss.
I was being extremely sarcastic! The Bar Exam might be a good idea, but not right now for the law students who are passing out this year.
Impose it next year onwards, give enough time and a notice well in advance and no one will say anything.
(P.S. I am from Amity, it is truly an honour to be complimented by a NLSite)
With the current requirement of enrollment with state bar council and Bar Exam, I have a quick query
To start the process, to enroll with a state bar council; I need to leave my job (July, 10). and the exam will be conducted in Dec 10, and result may come in a month or two after that. That leads to a umemployment period for me for more than 6 - 8 months. And in case, if I am not able to clear my exam this time, it stretches till next exam.
So, with the introduction of this BAR EXAM, can I be a member of state bar council without leaving my job, GIVE my bar exam and If I clear the exam, I receive the certificate of practice only in case I leave my job etc.
Please suggest, I am sure this will concern of a good number of candidates. Your response is highly appreciated.