NDLS say they cannot wait any longer: Students threaten to commence law practice from next week without writing the AIBE

Bar & Bench News Network

Nov 15, 2010

The postponement of the All India Bar Exam (AIBE) has been met with some volatile reactions with the National Delegation of Law Students (NDLS) threatening to start their practice from next week in various courts around the country. Siddharth Seth, President of the NDLS in their press release stated, “We will be going to courts and starting our practise. If we are wrong let us face contempt. When everybody is against the exam, then why is BCI acting stupid.”

Speaking to Bar & Bench, Siddharth said, “We have a right to practice. The only thing that is required to practice in courts is the enrolment certificate issued by the State Bar Councils, which has already been given to us. Already there are a large number of students who are appearing in the Delhi High Court without writing the AIBE and if the BCI were to do a check they would be astonished at the number of graduates who are practicing without having written the exam".

Siddharth added on to say, "We are not against the Bar Exam, we are just aggrieved that the exam has been postponed at the last minute and out of pain and anguish we have taken this step".

The press statement also mentions that the State Bar Councils have already expressed their support to the students regarding their fight against the AIBE. Speaking to Bar & Bench, Secretary of the State Bar Council of Delhi, Nitin Alhawat said, “We haven’t as yet received an official communication from the Bar Council of India regarding the postponement of the AIBE. On the whole we are against the exam and are supporting the students in their fight".

The Chairman of the State Bar Council of Madhya Pradesh, Rameshwar Neerkhra isn’t as forthcoming regarding the plans of the NDLS to start practice, stating, “We will decide on our course of action only next week". On being asked his opinion regarding the plans of the NDLS, Neerkhra stated, “We need to work with our parent body, the BCI and by taking this step the students are spoiling their case".

Whether the students actually start their practice in earnest going against the rules of the BCI remains to be seen. One thing is clear though, that this issue still has a long way to go before sorting itself out.

A copy of the press statement can be found here.

Comments(62)

1. "BCI has alredy wasted our 6 months. BCI must conduct exam on 5th Dec otherwise cancle exams for 2009-2010 pass-out students. BCI is going to spoil out students career.". Abhishek Patil, Sangli
2. "I fully support u Siddhart ...and my frnds from kol will definitely start practising from this wednesday.......and they r ready for a massive protest against the BCI and also the Govt. for turning a deaf ears towards us.......". Ravi, (Unknown City?)
3. "yes thats the spirit.guys please support the group lets boycott aibe enough is enough as this is aginst the aibe". Beertabajwa, Mumbai
4. "guys plz support this groupLink". Beertabajwa, Mumbai
5. "thts the way to go boys, BCI has dragged on SC proceedings, now lets practice and if they sue us, we can easily prove that we are right and BCI is wrong, and btw, lets try and sue RM as well, these ppl deserve to be in Jail". HATS OFF,
6. "ya.... this is d right way.... we al r wit u...n will start appearing before the Court frm next week....". Khushi, (Unknown City?)
7. ", we have all documents required ie: our enrolment id. All formalities have been done. State Bar Councils are already with us. Let the court examine us then and there. May God Bless BCI.". Sagar, (Unknown City?)
8. "there are number of advocates who have been enrolled for the namesake and they are involved in other business degrading the profession . There are number of advocates who have graduated 30 years back and had joined services and after retirement they need not face AIBE since they have graduated before 2009 - 10. For legal reforms such type of advocates should be delisted and students who have secured more than 55% should be exempted from AIBE". JINESH, Ajmer
9. "we have all documents required like our enrolment id. All formalities have been done. State Bar Councils are already with us. L". Sagar, (Unknown City?)
10. "We will start our practise next week !". Snehil,, Mumbai
11. "koi bhi BCI perfect nahi hoti useee perfect banaya jata hai.... we are with u siddharth.......". Amit Ramesh Rajput, Mum
12. "iam an enrolled advocate passed in 2009-10 and i have been practising, jus go and ask any one in Delhi High Court or bar council all are against AIBE.". Ankur, Delhi, (Unknown City?)
13. "If BCI is not conducting examination till 2 years that does not mean we will not commence practice till 2 years. Why becoz of BCI we should suffer. We should go to court. ". Amit Ramesh Rajput, Mumbai
14. "HELL LOT OF TIME HAS PASSED AND THAT STILL THINGS R HANGING...LETS SETTLE THEM.........START PRACTICING FROM TOMM......I HAVE PERSONALLY LOST DUE TO NON-PRACTICE 7 CASES TILL TODAY......I COULD NOT APPEAR FR THEM WHICH IS A ADVOCATES 1ST DUTY......... WHO WIL PAY ME FOR THOSE.........WILL BCI FEED ME ......WILL RM FEED ME.........". Rishab, Tripura
15. "Thank u Nitin Ahlawat Secretary State Bar Council of Delhi, this examination deserves to be quashed. Law ministry has already asked not to conduct this.". Aditya, New Delhi
16. "has anyone heard about the V.Sudeer judgment (1999) of the Apex Court? this would help all AIBE aspirants in an incredible way.". Aseem, Chandigarh
17. "THE WHOLE IDEA OF CONDUCTING THESE EXAMS IS BASELESS FOR INDIAN STUDENTS,WHO HAVE ALREADY PASSED THE QUALIFYING EXAMS TO PRACTICE AS LAWYERS.THE WHOLE EXERCISE OF POSTPONEMENT IS AN INDICATION OF ARBITRARY WAYS IN WHICH THE THINK TANK WORKS.IN THE TIMES OF RECESSION , THIS WOULD FURTHER JEOPARDIZE THE LIVELIHOOD OPTIONS FURTHER.APING THE WEST AND TRYING TO SET STANDARDS OF EDUCATION IS THE MOCKERY OF THE INDIAN SYSTEM OF EDUCATION.THE EXAMS SHOULD BE FOR FOREIGN NATIONALS AND NOT THE RESIDENT INDIANS.THIS HAPPENS ONLY IN INDIA". RACHNA, MUMBAI
18. "Siddharth Seth is tryng very hard to get maximum mileage out of this rubbish he stands for. I was with him in college and realised just how far he could go for some publicity. Trust me, he does not give a damn about the exam...he doesnt stand for any cause...except his own". Nakul Chandra, Delhi
19. "@ 18 : Nakul, I don't understand why u getting jealous here , atleast Mr. Siddharth trying to fight for a cause and he passed out this year so obviously he is standing up for his own cause but in turn he is helping out people like me and thousands who passed out this year. But you'll not understand, i don know Siddharth Seth as much as u may as u have studied with him but trust me without even studying with u, i can say that u are plain jealous and also if u wud have studied in a law school and would have not devoted time on trying to know what kind of a person Siddharth Seth, etc is, the u wud have not made personal comments on apublic platform. Anyways, Cheers To Siddharth Seth. We all are witj you. Thank you.". Misaal, Bangalore
20. "There is no person called Nakul Chandra in amity". Ankur, Delhi, (Unknown City?)
21. "There is no person called Nakul Chandra in amity". Ankur, Delhi, (Unknown City?)
22. "now this is the only way for us. no court will question. afterall they can only ask for enrollment certificate or advocates card. and we have it. also state bar has only authority to take diciplinary action & they r with us. i am very much surprised that no news channel has shown abt this issue. thanks SIDDHARTH.". P, Mumbai
23. "First Question: is this so called NDLS is a registered one?Second: Who elected Siddharth as its president?Third: who all are its members? (even i am a law student, no one "offered" me its membershipFourth: Has this NDLS filed and petition challenging the exam, or they are making "press statements"?God Bless " Mr. President"". Smita, New Delhi
24. "Hiii friends you dont know how suffocating it has been all this time after getting enrolled! I have already opened up a Advocate office along with another Advocate in Bangalore with lots of enthusiasm in this profession and this AIBE has become a very big obstacle in my day to day activities. I'm very happy that you people have come forward and all I needed was this support! Even I'm there to join your cause and would like to even take part in protest if organised in national level! And I doubt if we are living in a real democratic nation and if this is all our written constitution made up off, ensuring fake promises!! ". Jayaprakash Narayan, Bangalore
25. "BCI u have no Right to spoil our Life........better stop playing with our career!!". Vaishali,
26. "I agree with @18. That fellow can go to any extent to gain publicity!". Prakash, Delhi
27. "Hi,I fully agree with the our young friends.The BCI miserably failed to conduct the bar exam inspite of taking much time.I think all young law graduates have allready wasted their precisious 6 mothts and they cannot waste any more time.IOf the BCI is very serious about the bar exam,they may do so for next acadamic year.". Ram, Hyder?b?d
28. "This is the high time the BCI should realise its mistake and must allow 2009-10 graduates to start practice. This is not the way to improve legal education. We have witnessed in past when UGC made, P.hd compulsory; what was result. Chairman himself has made mockery of fundamental rights specifically the right to life. Chairman must not that legal education can be improved only by brining a change in thinking not by such examination.Das". Tapan Kumar Das, (Unknown City) Port Blair
29. "We have to do something that the BCI or other top people involved in the Bar exam should not play with the carrier of the young Advocates...". BALAKRISHNA G M, Bangalore
30. "THAT BLOODY [edited] MUST UNDERSTAND THAT BCOZ OF HIM THERE ARE THOUSANDS OF STUDENTS SUFFERING...ITS HIGH TIME NOW...WE WILL NOT COMPROMISE ANYMORE....TO DO HELL WITH [edited] WE WILL START OUR PRATICE NOW....". Suresh, Mumbai
31. "MANU/SC/0167/1999Equivalent Citation: AIR1999SC1167, 1999(2)ALT25(SC), 1999(47)BLJR1578, 1999(2)CTC72,(1999)3GLR2135, JT1999(2)SC141, 1999(2)KLT73(SC), 1999(2)SCALE32, (1999)3SCC176,[1999]1SCR1048, 1999(1)UJ718(SC), (1999)2UPLBEC1517IN THE SUPREME COURT OF INDIAW.P. (C) No. 398 of 1996 Etc.Decided On: 15.03.1999Appellants:V. SudeerVs.Respondent: Bar Council of India & Anr.Case Note:Civil - reasonable restriction - Bar Council of India Training Rules, 1995 and Section 49 ofAdvocates Act, 1961 - whether Rules as amended by resolution of Bar Council of Indiarelating to training to entrants of legal profession within competence of Bar Council of Indiaor ultra vires - Section 49 enables Bar Council of India to lay down conditions subject towhich advocate already enrolled have right to practice - right to practice as available toV. Sudeer vs. Bar Council of India & Anr. (15.03.1999 - SC) Link of 25 6/23/2010 9:10 PMadvocate duly enrolled under Act is full fledged right to practice which include not onlyseeking adjournment but also to plead and argue to for client for whom he appears beforeCourt - truncating of right to practice itself in exercise of rule making power under Section 49(1) (ah) by creating new class of trainee advocates cannot sustain impugned Rules - rightonce granted cannot be restricted qua his acting in Court when remaining enrolled asadvocate on State roll - rules relating to training to entrants of legal profession ultra viresand struck down.". Laxminarayan Shukla , Mumbai
32. "Hpw can we waste 1 year pl allow us to practice now. BCI please allow". Rashu, Pune
33. "MANU/SC/0167/1999Equivalent Citation: AIR1999SC1167, 1999(2)ALT25(SC), 1999(47)BLJR1578, 1999(2)CTC72,(1999)3GLR2135, JT1999(2)SC141, 1999(2)KLT73(SC), 1999(2)SCALE32, (1999)3SCC176,[1999]1SCR1048, 1999(1)UJ718(SC), (1999)2UPLBEC1517IN THE SUPREME COURT OF INDIAW.P. (C) No. 398 of 1996 Etc.Decided On: 15.03.1999Appellants:V. SudeerVs.Respondent: Bar Council of India & Anr.Case Note:Civil - reasonable restriction - Bar Council of India Training Rules, 1995 and Section 49 ofAdvocates Act, 1961 - whether Rules as amended by resolution of Bar Council of Indiarelating to training to entrants of legal profession within competence of Bar Council of Indiaor ultra vires - Section 49 enables Bar Council of India to lay down conditions subject towhich advocate already enrolled have right to practice - right to practice as available toV. Sudeer vs. Bar Council of India & Anr. (15.03.1999 - SC) Link of 25 6/23/2010 9:10 PMadvocate duly enrolled under Act is full fledged right to practice which include not onlyseeking adjournment but also to plead and argue to for client for whom he appears beforeCourt - truncating of right to practice itself in exercise of rule making power under Section 49(1) (ah) by creating new class of trainee advocates cannot sustain impugned Rules - rightonce granted cannot be restricted qua his acting in Court when remaining enrolled asadvocate on State roll - rules relating to training to entrants of legal profession ultra viresand struck down.". Laxminarayan Shukla , Mumbai
34. "we r not opposed to conduct the said aibe exam.. but the procedure adopted by the bar council of india is in violation of fundamental rights.. nobody i.e students are affriding about the exam.. stopping the fresh law graduates from not going to practice is a clear violative of fundamental rights guaranteed under article 14.. i.e equality among equals.. we i.e fresh law graduates are fulfilled all the requirements to go into practice.. then wahat is the difference between the graduates passed till 2009??? they are enrolled under the same Act. we are also complied the requirements.. but they are going to practice but we i.e fresh law graduates are not allowed.. is it not violative of our fundamental right to practice???????". Praveen Anand, Vijayawada
35. "Till when we can wait.". Vishal, Delhi
36. "I think that is what the students are left with i can understand and fully support the same.". Ananya, Banglore
37. "please allow us to practice now. Conduct it from next year for subsequent batches. but please allow us.". Nisha, Mumbai
38. "I think that is what the students are left with i can understand and fully support the same.". Ananya, Banglore
39. "I fully support u & ur team Siddhart ...and my frnds from Delhi Universtity will definitely start practising from next week ..and they r ready for a massive protest against the BCI and also the Govt. for turning a deaf ears towards us.......". ". Nand Kishore, Delhi
40. "its really irritating am waiting to get permanent in my law firm and the only way it can happen is when when i clear my bar exam... why are they doing this to us, they are violating our rights.". Unknown, New Delhi
41. "so Siddharth u have started your practice ???????????????????". Hemang , (Unknown City?)
42. "Hey Missal from Bangalore- maybe all of you could just allow an exam to happen and pass it. After all it is an open book exam that only tests your basic knowledge of law. You would appreciate that there are thousands of students who have graduated from law school paying by paying off the administrators. You would also appreciate that the quality of lawyers we find everyday at the courts is horrendous, to say the least. Bar exams are a common practice the world over, ever heard of the New York Bar?? Seriously dude you really need to get your head in the right place. The only problem I have with Siddharth Seth is the fact that people like him, and now you, haven't allowed the exam to take shape. You know what you guys could have done...helped in the implementation, helped with the coordination between Rainmaker and BCI. I dont know how but it was possible. Tell me Mr. Missla, who have these protests helped? You? Me? They certainly have not helped me or any of those who wish to practice at the courts and are willing to give an exam. All that your protests have done is two things1. Postponed the exam to March2. Left a thousand people in a limbo.And that is why I say that Siddharth Seth is trying to gain mileage. Nothing else nothing more. One fervent appeal: LET THE EXAM HAPPEN...IT WILL BE GOOD, HELPFUL AND MOST IMPORTANTLY IT WILL GIVE YOU ALL(I AM SURE ALL OF YOU WILL PASS) A RIGHT TO PRACTISE. ". Amol Bhatt, Delhi
43. "Ankur, who says there is no nakul in amity was caught with 5gms of contraband.". Rohan, (Unknown City?)
44. "My suggestion to the All India Bar Council is they should be canceled the all recognition given by them to the various Law Universities if Bar wants to conduct the AIBE. Because they feel the students are not eligible to do our profession who were get Law Degree from the recognised universities". S.S.Muthurajan, Sivakasi, Tamilnadu
45. "Siddharth, you have started your practice ? ". Abhishek, Indore
46. "With due regards to every one: AIBE is good.I have a question : What was the use of our 5 years University exam ?????". Hmmmm, (Unknown City?)
47. "bci deferring bci exam is rediculose and there by preventing freshers right to practice,as already lot of time is wasted this deiay will render costing us almost i year i plead bci to waive the exam for those who enrolled this as there is defauit on par with bci". Yuvraj, Vishakapatnam
48. "Register ur complaints, suggestions and rquests at cjisc@hotmail.com". RAVI, (DELHI)
49. "Register ur complaints : cjisc@yahoo.com". Ananya, (Unknown City?)
50. "Start practising from december can't waste our future for politics,and if BCI wants to check standard than check the colleges itself by going there ..". Robin, (Unknown City?)
51. "it is realy a frustrating situation first of all many student have yet not received the study material.they are just wasting thousands of students carrier who what to practice by wasting one year. i think bar council should think from the student point of veiw.we are not against the exam but by suggestion is that it would have been conducted as our T.V result were declared so our year wouldn't have been wasted ". Sneha Ashok Bohra, Mumbai
52. "Already the course LLB is after completion of graduation, WE ARE AGAIN SPENDING 3YRS EXTRA to complete our LLB, again to write exam is unneccesary and time waste, this process is just to torture student and to disturb them in entering into practice, this must be cancelled by AIBE.". Bhavani, Warangal
53. "NDLS JINDABAD ! awesome guys we are with u !". Sneha, ILS, (Unknown City?)
54. "NDLS will get an interim relief soon : practice rights will be given soon.". Ananya NDLS, (Unknown City?)
55. "I did make several important suggestions earlier and I shall make yet another time.1. BCI is a regulatory body and not a LEGISLATIVE BODY.2. Let BCI amend Advocates Act,1961 first and then let them conduct AIBE.3. Whatever BCI want to achieve by conducting AIBE the same can be incorporated during the thre year LLB syllabus, if BCI is really sincere.4. There are afew important things to be done before conducting AIBE : a) Have a common LAWCET on all India basis, b) Have common syllabus for LLB course throughout India.By conducting AIBE we are making a mockery of our selves and other professionals like fresh Engineers and Doctors are enjoying the fun.By trying to conduct AIBE, BCI decision is unilateral, draconian, unconstitutional and against principles of NATURAL JUSTICE. ". Prasad Yelamanchili, Visakhapatnam
56. "ya.... this is d right way.... we al r wit u...n will start appearing before the Court frm next week". Adv.Prashant Arunrao Palve.A/P. Newasa Dist.Ahmednagar, Newasa Dist.Ahmednagar
57. "The BCI is wasting precious time of the all advocates who pass out this year.And it is shameful that responsible authority like BCI is not worrying about this issue seriously."We are not against the exam but it should be hold on time."". Pankaj Chaudhari, Nashik
58. "hi yaar, we have to start struggle now, actually i think that we have to organise a demonstration in front of BCI's office in delhi. unless and until we protest i dont think that they would allow us to practice. IF u decide any protest lets know to every law student, and we will make appeal to them to join struggle against the exam. let me know ur replay". Balkrishna`, Poona
59. "Let us start practicing.... there is limit for everything.... are we supposed to waste our time for all the games played by BCI... If this is "our" fate then what about the common man.... ". Vivek, Bengal?ru
60. "Let us start practicing.... cant wait any longer... there is limit for everything.... ". Vivek, Bengal?ru
61. "lets start pratcice - if we dont pratice then it's a shame to our proffesion ". Jo, Mysore
62. "hey guys we r advocates ,we got enrolled n the state bar councils gave us a certificate statin' that we r elgble 4 practicin' as lawyers.No need 2 write any exam.I agree with the AIBE but it has 2 be conducted before the enrollment not after that,c'mon guys we hav 2 fight 4 our rights ,if we cann't we r not fit for this profession...pls boycot the AIBE......those who consent for AIBE are Backstabbers...if u r not den pls stay together n fight for our rights....we hav the power of justice....pls stand up for ur rights....after al India is independent now...c'mon....". Sam , Kochi

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