BCI spokesperson Gopal Sankaranarayanan replied to Legally India (LI) queries by email that were compiled from common reader comments posted on the site.
Legally India (LI): The need for the exam is clear. Part of the reason the timeline for this has been so tight is because the BCI and its chairman Gopal Subramanium are concerned that if it does not happen quickly it would get mired in delays and objections and may never happen. However, final year students appear to be particularly concerned that:
If going into litigation they will technically not be allowed to litigate until January 2011. One graduating student who claims he already has clients who want to file cases for him as soon as he enrols, and now he will not be able to do so himself. Is there a solution you can propose in cases like this, or is it a necessary evil that unfortunately falls on the 2010 batch?
Sankaranarayanan (BCI): This is a point that has been raised by many students and advocates. There is absolutely no intention on the part of the BCI to impose the examination in an unilateral fashion. After all, the revitalising of the profession can only be done by taking everybody along.
There are a couple of options that are being presently discussed, to ameliorate the lot of the present batch, and a decision will be taken in this regard shortly.
LI: If students are going to law firms, BCI chairman Gopal Subramanium wrote in his comment to students on Legally India: “by the way no firm will revoke its offer. if there is a problem contact me.” Can you guarantee that firms will abide by this? After all, it is arguably law firms’ prerogative to revoke job offers or to pay less if they feel that the value they derive out of new joiners who can not appear in court or sign legal opinions is less?
BCI: This comment was in the context of the concern of some students that their job offers would be revoked as they do not now have a right to practise law until the exam is cleared. The BCI reiterates the assurance, on the basis of exchanges with the various law firms, that no job offers will be revoked on this basis.
LI: How will the split between enrolment and practice be enforced in the courts in practice? The Karnataka Bar Council for example has asked about this in the past.
BCI: Thus far, if any advocate were practising in court without being enrolled, the same would be subject to the disciplinary mandate of the respective Bar Council. The same disciplinary authority would apply to those who have not passed the examination as well. There are various other checks and balances which are being worked into the system, regarding which announcements will be made at a future date.
LI: Did you expect legal challenges to the bar exam when you first announced it? Has the fact that at least 10 writ petitions have now been filed changed anything in respect of the bar exam? Could this potentially cause a shift in the timetable from 5 December?
BCI: It is always expected that when the legal profession is sought to be regulated, there will be some sections of discontent which would approach the courts. The number of challenges changes nothing as far as the BCI is concerned.
It must not be forgotten that the genesis of the present measures is in the lead taken by the Supreme Court in the Bonnie Foi case. You can rest assured there will be no shift in the timetable on this count.
LI: Some readers have expressed concern that Rainmaker could launch bar exam training courses or pitch existing services or courses to bar exam takers.
BCI: Rainmaker has an exclusive arrangement with the Bar Council of India for the purposes of executing the All India Bar Examination.
Rainmaker WILL NOT have any training courses or tutorials or any other products related to the All India Bar Examination. The course material which will be sent to each candidate is the exclusive property of the Bar Council of India.
As a result, Rainmaker is in no position to profit from the association except for the payment by the BCI to it based on the number of candidates taking the examination.
LI: Have steps been taken to ensure confidentiality of information in the database of test takers?
BCI: The database of candidates will be fully protected and only utilised by the BCI for purposes of its internal management. However, all of this will be subject to existing laws on transparency and disclosure.
LI: Is the majority of exam-related work done in-house by the BCI?
BCI: Yes.
LI: Can you disclose the fees that Rainmaker will be paid for its bar exam services? Many seem to believe that Rainmaker has found a goldmine and will take a lion’s share of the Rs 1,300 fee from each test taker directly. From what I’ve heard, I believe this is a misunderstanding of the facts, so it would help to get some clarity.
BCI: I am surprised there are “many” who are concerned about Rainmaker’s alleged profits. It is unlikely to be of interest to anybody apart from those who are Rainmaker’s competitors or rivals. But in any case, all fees are paid directly to the Bar Council of India, from which Rainmaker will be compensated for their services.
Rainmaker will have no direct receipts from the test takers at all. It may also be pointed out that the exam fee includes the cost of registration, detailed materials, conveyance, conduct of exams and evaluation in a time bound manner.
On this scale, the fees charged for the examination is much less than other national exams similarly conducted.
LI: Can you disclose the fees that Rainmaker will be paid since this is public procurement and in the interests of transparency?
BCI: I must correct your notion that this is public procurement. The BCI is an autonomous regulatory body, which has entered into an agreement to achieve its objectives. The remuneration to Rainmaker is a fair one, as is only to be expected when entering into a service agreement with a professional outfit.
I see in your questions the anxiety regarding the costing of the exam. Maybe it will better help understand the issue by noting that the leading examinations in the country - JEE, CLAT and CAT cost Rs.1,000, Rs.2,500 and Rs.1,400 respectively, without any of them providing study material. In contrast, the Professional Competence Test run by the Institute of Chartered Accountants of India for entry into that profession charges Rs.7,500 for the course.
In this light, the Rs.1,300/- being charged for the Bar Exam along with the study materials is a reasonable amount, in keeping with prevalent industry markers.
For more answers to bar exam related queries read Gopal Subramanium’s Q&A published last week on Legally India.
Further answers to frequently asked questions (FAQs) on the bar exam are available on the BCI’s website.
If you have any additional bar exam related queries, please email the BCI at or leave comments below and we will summarise relevant and common queries and forward them to the BCI.
Photo by comedynose
Comments
so convenient to just start labeling of those who voice genuine concern as competitors or rivals of Rainmaker? Though comes as no surprise in this age when anyone who criticize state for its policies in some of the regions of country immediately gets branded as maoist sympathizer, why would BCI be any different in name calling those who raise criticizing voice!
Gopal Subramanium is in a hurry to make a name for himself and is trying to do anything that is fashionable, looks progressive, and grabs him headlines. The manner in which he has proceeded with his proposed bar exam, the magical solution, suggest that he is [...] person, a very dangerous person to be in such important position. It is no secret to those closer to ground on how efficiently BCI has performed its regulatory functions over the years, now we have Gopal Subramanium, the messiah, as chairman of BCI who chooses to target most gullible and weakly organized group of people on which he can start to experiment and make name for himself in the process. Again people on ground knows fully well how solicitor generals are appointed and how transparent this process is! I wonder how such people then go on to take high moral ground and preach others..was it GS who asserted that his sons would be appearing for bar exam too and charity begins at home? I wonder how dumb he consider people in the profession!
Whats the fuss about not disclosing the money issues.
what about the findings of the 3 member expert committee report?
what about Rainmaker's Control and stake in LST?
what about the numerous other commission reports and findings which go against bar EXAMS?
What the procedure that was followed in the selection of a Private company to Run exams ?
Also please read the order of the Bonnies LAw School case it says " the program of the 3 member committee be operationalized,". And not Bar Exams. consider the keep quoting it . we all have read the orders and have all the reports.
Could you please also ask these questions?
Will career launcher or Lst offer bar exam coaching?
Bar exams are needed no doubt but the way in which the BCI is doing its work raises alot of questions?
considering they keep quoting it.
For starters, a screening for those of us who are already practicing. A screening test to re-validate the license to practice at the end of five years of practice.
just cause someone manages to put their views forward which don't match your's don't make it a smear campaign against all the grammatically weak.
whatever grammar problems he/she might have the points of law here are to be understood.
BCI cannot conduct the exams without an Amendment to the Advocates Act. plain and simple.
what are you trying to say here again ahem ahem?
Also could please bing the tea and cake its almost tea time.
Bci is making a positive effort towards much needed change yet all you enlightended bafoons think it should be de-railed .
With much needed positive outcomes in the long run.
Anyway like you big shot lawyers would be doing anything more than internig for the first 6 months.
He talks about how making processes transparent will make democracy "sounder". What about appointing Rainmaker now? Hypocrisy seems to be the vaseline of social intercourse, in his case.
why do u feel the bar exam is essential? what are the reasons behind it? why didn't u apply ur mind to the medicine, first of all of all professional courses? can u ever prove that after passing of the exam,the successful candidate or above 50% of the candidates who passed out will be successful in the profession? therefore why ask the aspirants to the profession to spent another rs.1300.00 and tuition fees for coaching. why stall lakhs of people( law graduates)trying earn bread and butter in this country to further unemployment by introducing a new unnecessary procedure. the people shud think.
Did the BCI forget that ehse subjects were studied over many years before qualifying as Law graduate.
Why BCI is not considsering updating the knowledge of the existing advocagesf rather trhqan aiming at the students.
It is said more tghtn 80-% of advocates are not posted with the uptodate knowledge. Even supreme court lawyers are not exception to that.
UPDTED KNOWLEDGE COMES OUT OF MANY YERS OF PRACTICE AND NOT BY JSUT REPLUYING PRE PREPARED QUESTIONS IN EXam.
sathyan.
If you have to pass the Bar Examination What is the use of CLAT then? Is Mr. Reformist know about CLAT Examination???
A good decision must be taken by putting your feet on the green grass.
But in this case I am afraid may be on golden/green carpet...