When something has been expressly omitted by the Parent Act a subordinate body created under that Act does not have the power to implement such a law by means of the Delegated Rule making power(which is a form of subordinate legislation)give to it to help fulfill the role of the Act.

Such a legislation which is outside the ambit of the Act created by a subordinate rule making body is generally called a "color-able legislation".

By a omission to the Act In 1973 they felt it fit to remove Bar Exams because of the powers of quality control of the education of lawyers given to the BCI (little did they know back then that it would not be enough.)

Jean Rousseau in "The Social Contract" said "Good Laws lead to the making of better one; bad one bring out worse."

The Bar Exams are a excellent and brilliant Idea but they should be brought into force through an amendment to the Act.

The Doctrine of precedents applies in Indian courts so even other bodies of Delegated legislation will be effected by a rule in this matter of Restricting the Rule making power of a Delegated bodies.

Judgment in this case will be one to watch out for as Mr. Ram Jethmalani has moved the Sc regarding Bar exams.
[...]

So we will find out how much Power does the SC let the Delegated Bodies like the BCI exercise.

We made a mistake in the past lest we repeat it in the future worse laws will come our way.

with them going to the SC i think they must have already added it in their SLP but if the haven't they should also bring to light the findings of the 3 member expert committee constituted by the SC in the Bonnie law school , with Mr. GS being a part of the committee.

Also the Knowledge Commission's report on Legal Reforms and the 184th law commission report they all say the same thing

"No Bar Exams without amending the Act."

If i would get the petitioners' email-ids i would send them these reports with important page numbers if they have not incorporated the same in their matter.

i mean the bonnie law school case.
sorry about the mess up

Thanks for support Mr fatehpal singh. I am one of the Petitioners. You can help us by your precious knowledge. We are waiting for all help.
We also want to say thanks to Legally India for support.
My email ID is ""

Let me see how u fight.

NO body can stop this exam, U cant stop me.

these lazy mediocre students should be condemned. they have not studied in their years in law school and are afraid of failing. they deserve to fail.

#7 its not a question of being lazy or mediocre or both.. its a question of the "RIGHT" one acquires after completing his/her LL.B. and enrollment to the respective state bar council. If one has a right he must claim it - whether he gets his due or not is another question. Also, if they did not study in their years in the law school then their law school under the supervision of BCI should have ensured that they do not get their LL.B. degree.

I will see u in the court kids just wait and see.

OOOOOOO i am sacred

rahul did you get the mail.

the person in no. in 7 and 9.... let me ask before u try to mouth us off care to explain wat u do.. cause if ur doin law put ur self in our shoes.. otherwise be quiet and let d ppl who have taken a step do it peacefully.. and do tk care of ur language we can be lets quite ruthless... dont try to be smart ass behind d keyboard...

I have seen all the comments written here, and one thing which has really delighted me is, still we have people aroud us who have the courage to go against the system and raise voice about things which is against law. At leaset these law students has shown courage aginst a gaint "Bar Coucil", it shows there true essence of lawer, which is required very much, but unfortunately now a days it's missing. It's really showing a good sign. I am takenaback by the comments from No. 5 to 7, which are posted there anonymously, if these people have courage to say something publically then they are free to do so, but if you belong to Lawer community then you must say it with courage and marked your comments with proper name and contact details, it shows their cowardyness, which is prevailing predominantly in our society, I can just prey to god for these people.

My hats off for Mr. Rahul, Mr Prashant and Mr. Awasthi for taking this initiative.

Please don't get distracted by some absurd comments, go ahead. Once again my heartiest congratulation to all those who has atleast raised the voice agints this.

All the best guys

I, Rahul and Prashant filed this petition.

I am happy to see the support that we are getting in our Common legal Cause, We are fighting for our legitmate right. It is a fight for us as well as for thousands of our brothers and sisters, ill fated to have graduated in law in the academic sessionn 2009-10. Besides all other constitutional and legal arguments; my humble submission to all is " How can our practical abilities in law be assessed by a theoritical objective type examination to be held six months later"

We are absolutely barred from legal practise, BCI thinks we are incompetent and forgets that throughout our Law graduation we have been extensively working with emminent Lawyers of long stading and high repute. This exmination is discouraging internship and the legal profession in future may loose the oppartunity to nurther its best practising talents.

We must not forget that we are living in India and not in USA or England or Canada and very few of us are fortunate enough to study law in a foreign country like our Solicitor General.

Further legal practise is not only done in Hon'ble Supreme Court or HC or District Courts only, but even in 'Tahsil', only Law graduates are permitted to practise. The proposed Exam may work as bottle neck for legal work in tahsils.

Further a Notery neither practise nor issue legal opinion and still he is one of the most important component of legal practise. If such unreasonable reforms are at all warranted, let BCI come with some proposal to scrap these institutions(of course BCI can't do that).

Actually BCI being overburdened with all kinds of work other than promoting standards of Legal Education, in a face saving exercise is burdening us with Examination to show that they are atleat doing something.

BCI has to rework the same otherwise the rules would not stand to face judicial touchstone

I welcome the comments from from those who oppose us. They are not revealing their Identity because their heart says that are on wrong path. I quote here Great Hindi Poet TULSI DAS " Nindak nere rakhia, angan kuti chhavay" ie. Keep the critics near giving them proper place.

I hope, I and my group is fearless and ready to take any Challenge. I am giving my Mob. No. 9891491829 and my mail id- . Feel free to call/write me or abuse me.....

and finally case is listed for hering on 2nd August 2010 at WP(C)253/2010.

Regards

Anoop Prakash Awasthi

"BCI thinks we are incompetent"
don't blame them

- "We must not forget that we are living in India and not in USA or England"
so that means we can't emulate them and try to set high standards?

- "and very few of us are fortunate enough to study law in a foreign country like our Solicitor General."
as far as i know he has studied in india. how is this relevant anyway.

there are many important reforms that are due and will also help you (e.g. foreign law firms). do not waste time by filing stupid petitions.

The Act does not contemplate two classes of advocates, nor does the Bombay HC as decided in Lawyers Collective Vs. BCI case.

First and foremost, the bar exam should not be such a difficult examination as to garner such opposition as it has.

And secondly, if people want to talk about graduates in a certain academic year being unfortunate, then no batch was as disadvantaged as the batch that graduated in 2009-10. Recruitments were at an all time low and only those guys know how the market was. But most of them accepted the circumstances and fought them instead of whining and complaining.

This bar exam is hardly the demon it is being made out to be. I understand all the arguments against it but I doubt they would bear much fruit. After all the judges know the deplorable state in most lower courts and if they can do something to improve it, my guess is that they will. But anyways, i wish luck to all the petitioners. Hopefully you guys will go on to become good lawyers, irrespective of whether you get to take this test or not.

U know judges wine and dine with senior lawyers this PIL may not be usefull becuase _______ must have exchanged words with SC judges. I strongly want that this________ must be put behind bars for creating mental harrasment to us.

The BCI has not gave any annousment in before Final exams. When the BCI will prepare before one year we will acceptable but after final exams they have announse we are conducting exam for 2009 - 2010 batch. How it posable when we went for Enrolement to SBC on that time also no body have not gave any comment about this exam.

When we complete the LLB we have no mental peace because. The BCI was giving notifications you have exams expecally 2009-2010 who have completed LLB they have exam. what is this you are thinking this 2009-2010 batch students are poor in education they don't now any thig when you will conduct the exam please conduct all the Advocates up to now who have passed the LLB/BL. In this process SBC has enroled the LLB students and they gave ID cards also like Advocate.

I hope, I and my group is fearless and ready to take any Challenge. I am giving my Mob. No. 8019358599 and my mail id- Feel free to call/write me or abuse me.....

Thankyou Friends

I am wid u guys.Proud that you all have very courageously taken this step.I wish all 3 of yao Good Luck.I agree to the fact that A law gradute has a right to get enrolled and practise as soon as he/she gets the degree.You people are fighting on behalf of all those students who are of this same view.Great initiative..!!

@ 15 - Anoop - please at least read the Notary (not notery)Rules, 1956 before making any comments. You will find that for a person to be appointed a Notary, there is a requirement of ten years practice as a legal practitioner (seven for women lawyers). I really hope that this kind of sloppy research and preparation is not what will be on display when your petition(s), which surely raise important issues directly affecting the future of the legal profession and the justice delivery system, are heard by the Supreme Court. It will be the best argument as to why the BCI initiative is much needed. As for the rest of your rant, the only thing remotely worth a serious consideration is your argument about the rule making power of the BCI - maybe the Supreme Court will reconsider its judgment in Sudeer's case, not necessarily because there was any error in it, but because they may once again agree with Mr. PP Rao's submissions in that case that there is a need to re-think admission into profession regulations based on present day realities and that regulation of entry into the profession cannot be left to various state bar councils. And one more thing - I hope you are not resting your entire case on lack of statutory empowerment - surely you do not discount the possibility of a clarificatory amendment to the Act or perhaps an ordinance which can remedy the so called lack of competence?

One more thing - apart from the so called 'legitimate right' of the graduating class of 2010, you cannot discount/ignore that there are several other competing and perhaps more important interests which are served by a regulation for quality control into the legal profession. For sure these interests would be considered by the Supreme Court.

@ 19: As for the worthy lawyer in the making who has posted that comment - perhaps for special cases like yours, there is need for more stringent entry level scrutiny. I would certainly not rest comfortable with the thought that a worthy such as you can be weeded out in disciplinary proceedings at a later date.

Perhaps what the BCI should do is what was practised as a fine art in NLS back when there was a need to increase the fee. Introduce a fee hike proposal, announce it applies to all and after a few days, quietly make it prospective - applicable to the new batch to come in. Silenced all righteous criticism and fostered a generation of sterling characters with 'after me who cares' as their credo. As for the quality control with effect from the batch of 2010, well, one more bunch of learned brothers and sisters should not do THAT much of harm, I hope.

i dnt have any problems with any bar exams its just that it is in december and this means we waste about 6 months experiance of work...even i was offered a job as a junior associate but now my placemnet terminated coz i am not entitled to represent clients....we cleared an entrance test to get to DU this means that we are qualified enough why test us again and again....??

Finally This petion was Dismissed. But guys don't let your fight down, it has shown you the way, how you should tackle these deeply rooted mentality(You can understand what i am talking about).

guysss.

Dont worry we are there to fight... no matter we win or not... we will fight till last...

@ Mr fatehpal singh can u send the committee report and any valuable doc to (we are a group of students from south India)
Gella srinivas rao plz send if u have any valuble documents to the above mentioned mail address...