Bar Council logs in with Rainmaker: Bar Exams, Law School in every state, Oppose Foreign Law Firms

Bar&Bench News Network

Jun 02, 2010

The Bar Council of India (BCI) has today released its vision statement for the next two years covering 2010-2012. The ceremony, which was convened by Law Minister Veerappa Moily,was also attended by Gopal Subramanium, Solicitor General of India and Chairman, Bar Council of India; Dhanpal Raj, Vice President of BCI; Prof. V.B.Coutinho, Directorate of Legal Services and Nikhil Chandra, CEO Rainmaker. The Law Minister also inaugurated the new design of the website of the BCI. BCI governs more than 1.1 million advocates and approximately 1,000 law schools with more than 60,000 students graduating each year and it was time for an overhaul of the website that will provide comprehensive information.

The ceremony took place at the Imperial Hotel in New Delhi where according to Gopal Subramaniam, the Declaration of Independence was signed. The Solicitor General talking about the vision statement said “Some important issues include raising the quality of Bar, with education and training, access to knowledge and having a database of all lawyers, law schools and law students all at a common platform are urgent requirements and we will address them”.

Speaking about The All India Bar Exam (Bar exam) he said, “The exam will help in identifying value and standard that will improve the identity of the legal profession as a whole”.

Nikhil Chandra, said that the Bar exam will be scheduled across India on December 5, 2010. The Bar exam will be a benchmark test to ensure a basic level of skill and knowledge in those joining the legal profession and intending to practice law in India. The exam is not retrospective and shall be mandatory for all law students graduating from the academic year 2009-2010 onwards. Nikhil Chandra also presented a brief overview about the bar exam, a presentation is available here. The BCI and Rainmaker will provide the preparatory material for the Bar exam. “The Bar exam will meet highest standards of transparency, security and fairness” he said.

Veerappa Moily, Law Minister said “Great changes in the legal education will not happen unless there is a change in the legal profession”. “There is wealth, prosperity and progress in the legal profession. The market is not only India, it is the whole world at large, as an advocate and an individual” he said. Laying out his vision for the country he said “We have to set up one National Law School in each State”.

Various questions relating to the Bar exam, health insurance and foreign law firms were raised, to which Gopal Subramaniam answered in detail clearing the doubts in the minds of students and lawyers. “A Student quizzed on what would happen if he fails the Bar exam and when can he repeat the exam?” The Chairman answering these questions said the Bar exam will be held twice a year and there are no limit in the number of attempts by a law graduate.

The BCI has partnered with Rainmaker to manage and conduct the exam.The exam fee will be Rs.1,300 ($28). The revenues generated from the Bar exam will be divided equally between the BCI, State Bar Councils and Rainmaker. Gopal Subramanium also said that the BCI had evaluated several agencies and zeroed in on Rainmaker as they had the ability to adhere to timelines with respect to the academic material, the ability to translate into nine languages and take the test to centers across India.

The Chairman was also asked about the entry of foreign law firms to which he said “The present stand is to oppose the entry of foreign lawyers in India as the standard of practice of law in our country is not consistent. In foreign countries law is a profession while in India it is still a service and the role of the BCI is to protect the professional identity of the Indian lawyer”.

There will be no ranks and the result will be based on Pass/Fail. The application form period will be starts from July 15, 2010. Model papers will be available from August 16, 2010 on the BCI website.

A copy of the Bar Council’s vision statement 2010-2012 is available here.

Comments(32)

1. "“The present stand is to oppose the entry of foreign lawyers in India as the standard of practice of law in our country is not consistent. In foreign countries law is a profession while in India it is still a service and the role of the BCI is to protect the professional identity of the Indian lawyer”. Ha Ha Ha!!! What a joke! The lawyers in India are the greediest and most corrupt in the world. These oligarchs are opposing foreign law firms because they want to preserve the present system of crony capitalism in India. The Bar Council should be wound up like the Medical Council.". Guest, India
2. "School in every state - This is ridiculous. The existing law schools are suffering. even the prestigious NLS has faculty that is yet to come into global scale. While NLS students have harvard / yale publications, the faculty cannot even have a good publication. Mr. law minister, first fix the existing law schools. NLS has done better not because of faculty but because of the students. When will you all get this message. ". Guest, Delhi
3. "Does anyone remember the SC striking down the apprentice system? Why will the exam system succeed especially with the mess that we have with all the examinations in this country? ". Doesnt Matter, Bombay
4. "There was a suggestion to have senior lawyers function as judges. This woudl help in brinnging down the backlog considerably. This is very common the in UK and there is no reason why it will not work here. That woudl be real public service by lawyers.". Voyeur, Mumbai
5. "Well it is a good initiative which has been taken however, the first change which is essentially required is the way semester exams are been conducted and results are being declared.Firstly the working system of exams and results should be modified before getting this into picture. ". Kunal M Lalvani, Mumbai
6. "On June 2, Gopal Subramanium, Solicitor-General and newly elected Chairman of Bar Council of India (BCI) released the historic vision statement 2010-2012 for legal profession along with detail schedule of first “All India Bar Exam” slated for coming December for fresh law graduates. But if the BCI is serious enough for smooth conduct of Bar Exam, it should urge the government to table a Bill in coming session incorporating appropriate amendments in the Advocates’ Act in this regard. Anything less than an amendment could provoke anyone moving Supreme Court praying for striking off the concept of this exam as was evident in case of BCI framing rules prescribing maximum age for enrolment of advocate license as 45 years (1995). Similarly, when the BCI attempted to introduce an apprenticeship training course during late 90’s the Apex Court again struck it down on grounds of lack of competence of BCI. The Apex Court held that BCI does not have the authority to prescribe such training as for that purpose the Advocates Act need to be amended. A couple of years back , when BCI framed its rules on legal education prescribing maximum age for admission to law as 20 years for five -year integrated degree and 30 years in respect of three-year course, different High Courts were moved challenging BCI ‘s power mandating upper age limit when there is no such stipulation in Advocates Act. The Apex Court in 2009 stayed all such proceedings and the matter is presently sub-judice before it. It is difficult to understand why after all this, once again the BCI has merely inserted the concept of conducting Bar Exam in its rules under the chapter - Conditions for Right to Practice rather than asking the government for enacting appropriate amendment in Advocates’ Act ? The BCI ought to learn from its past experiences. ". HEMANT KUMAR ADVOCATE, AMBALA CITY HARYANA
7. "People who oppose foreign law firms are enemies fo the country and should be shot. They are selfish oligarchs who are depriving jobs to thousands of youngsters.". Guest, India
8. "What are the credentials of Rainmaker that it has been awarded the responsibility of conducting the Bar Exam without any transparent tender process ? Why Rainmaker, which is essentially a glorified placement agency, and not industry leaders in the testing business like Prometric, Pearson VUE, or even EdCIL ? Dosen't it reek of patronage and corruption ?". TechnoLawyer, Lucknow
9. "Since in India, the Bar Council is the very organization that grants approval to law courses in educational institutions, what is the validity of that approval and the degrees granted as a result of that, when to become a lawyer you need to give an exam again and that too conducted by the Bar Council ? Either the Bar Council should completely pull out of education like the Institution of Engineers India, and then conduct Bar Exam or drop the Bar Exam altogether. They have no moral right to conduct the Bar Exam.". TechnoLawyer, Lucknow
10. "There is no upper age limit for admission or enrolment in any developed country or the world's best law schools. In fact, like the best MBA programs, the JD and LLB courses of the top law schools in the world prefer people with a prior work experience and diverse professional backgrounds. Why does it have to be any different in India if we are to have a world class legal education system ? Is it because most of the Bar Council top guns are nothing more than lawyers with no idea of what is professionalism ?". TechnoLawyer, Lucknow
11. "Isn't Rainmaker a for profit organization that charges law students across India to take its training courses and soon its Bar exam preparation courses? Is there any legitimacy in having the same profit making organization charge students to prepare for a exam, charge them to take the exam, and at the same time be the creator and administrator of the exam? It's time we adopt world wide practices of independence and transparency. This would never happen abroad.". Ramesh Ramachandran, Mumbai
12. "It is very strange to have All India Bar exam to enter into advocacy. This concept may create a negative impact on Indian legal system itself because a law college run according to sylabi given by BCI has conducted exam ". Hanumanthe Gowda, Bangalore
13. "Sir, In my opinion its right concept of BCI to conduct Bar Exam at all India level for active legal practice.Definately it will improve the standard and enable new comers to compit with foreign lawyers in legal system.But exercise first what are the guidelines governed for implementing these programm sothat basic purpose of this should not carry away in air.". Advocate Rajesh Joshi, Chittorgarh
14. "I hear that people who work in solicitor general's office and those at rainmaker are very good friends. now connect the dot. mera bharat mahan 100 mai se 99 beiman.". MeraBharatMahan, Mumbai
15. "when u speak of conducting bar exam now then why do the bar council wants the law graduates passing now to wait for another one year. it seems when they made the plan they were not thinking about the students who have got their result now, who'll have to wait for another six months cutting grass for the test...". Saraswati Johori, Assam
16. "I realy apperciate that Hon'ble Minister Law and Justice taking such a bold step to make the law filed storng. People of this country are misunderstood about the legal eduction or legal profession. This is hon'ble profession in the whole world this profession gives wealth, pressitage, honour,prosperty and progress. I salut to Veerappa Moily. ". Sukhbeer, Dwarka
17. "You are right Sukhbeer, every change brings some hurdles and adverse comments, but learning and improvement is continuous process for reaching 0% to 100% quality circle of any system, so welcome the move.Thanx". Rajesh Joshi, Chittorgarh,rajasthan
18. "Stundent are admitted in law college only they passed in entrance examination. so they went for couching class for entrance exam. Now after they got law degree, unneccarly, thet want go one another couching classes. BCI punish and torture the law degree holder. only after attenting a number of cases, a advocate became a talent person in his profeesion. So, the entrance exam could not create a talent advocate MR.CHAIRMEN, BCI. ". Sankarkumar, Reporter, Chennai
19. "Hello to everyone " Yes it is a nice idea to take a exam but it is against the intrest of the 2009 - 2010 batch cause they have to wait for 6 months to ans the exams nd it is just killing of time nd what the students will do till Dec. ???????". Lokesh SHARMA, HARYANA
20. "Lord Denning once remarked that legal practice and legal studies are not the same things. By taking exam if the BCI thinks that good lawyers will be provided to the country.. i think it will hardly fetch any result... Legal practice is a different thing which requires more than just mugging up the bare Acts and law books. Earlier there was rule that few months training before a sr. Advocate is required for enrollment.. i believe that kind of rule could have fetched goods results... Just having good knowledge of law doesnt make a good lawyer... This will worsen the situation more. ". Rajesh Deb, Kolkata
21. "It is indeed a very good efforts on the part of the Bar Council to conduct the exam, as it would bring out the best. But for us who have just got the result would have to wait another 6 months to appear in the test and consequently leading to one year wait till July 2011, which is unjust,unfair ". Saraswati, Assam
22. "The Decleration of exam. before registration for Advocate is cordially appreciable in the field of Law. But it should not be turned into a trangular business for profit. Quality must be maintained. In my view experienced well faculties should be appointed for exam and for teaching purpose. It is also some what uneasy to develop this program becuase of emerging trained of regional languages in India. After passing this exam. not only registration for Advocate is given but some scheme should be regularise or intorduce for financial aid for short period to Advocate so that they can settle the practice without any trouble. ". Dr. Md. Qutubuddin Md. Anweruddin, Madina Nagar, Nanded, Maharashtra
23. ""Its true that number of advocates enrolling every year are increasing and there are many of them who dont even practice. The idea of examination is welcoming but too harsh on the students who have been struggling for five years in law school. Even after succesfully completing the course if the bar council implements entrance just to practice in court, then the whole system of legal education doesnt survive and Bar council of India have been lacking efficiency in controlling and governing law schools. Moreover the fee to be charged for the exam is exorbitant and money making scheme. Such exams should be on par with fees of IAS, IRS etc. Fee should be very nominal, say not more than Rs. 100. And reading material should be made available free of cost or online. I hope The Bar council reviews their policy for long standing of the legal faternity."". Sandeep Bagmar, Chennai
24. "what a student study in five long years is the basic foundation for practicing. there are examples where, particularly in the area of practicing, the student with highest mark may not be successful as a advocate and there are students with average marks but are doing excellent in the profession.what is most important is the dedication, approach of the student towards the profession. let there be exams to filter and get the best lawyers for the bar. but at the same time those who pass 11 exams i.e., 10 semesters plus bar exam and prove to be the best, the government has to give the incentives in the beginning of their carrier and provide job opportunities. then it is worth taking so much pain and hard work.". Ushaprakash, Bangalore
25. "" those students who has passed the of Law First Class through out,atleast shoud be exumpted from the exam. It Is totally violative of "right to Profession" of students for 4-5 months of the students passing in Academic Year 2009-2010."". Prachi Deshpande, Beed
26. "Veerappa Moily, who did not make a mark IN the profession as a lawyer, is trying to make a mark ON the profession as a law minister!! Ha ha!He's a stooge of foreign law firms and ought to be booted out of government.". Ad-vocate, Bangalore
27. "this is the big burden on law student who want to become a lawyer this should not be kept for the betterment of the student they can easily prove their self by in way of practicing law". Amit Singh, Mumbai
28. "i hate this idea". Swati, Vasai
29. "Mr veerappa Moily i m very glade to you because u have brought revolution in Judicial system of india. All India Bar Exam (Bar exam) is the good option to check the ability of the new rolling advocates.". Showket Ahmad Dar, Srinagar J
30. "In fact Bar exam is not going to serve a good purpous except providing some good kind of corruption in present form, because it only provide for pass and fail and no any benefit is going to accrue to those who will participate in exam and may perform well, and those who is not abled one easily will try to get result by manipulation which is basic feature of institutional and competitive exam in many states.". Sudhir Kumar, Campus Law Center, Faculty Of Law, DU
31. "bci is good bcoz people with good knowledge can qualify and become the purposeful lawyers and serve the people better". Nusrath Shahezadi, (Unknown City?)hyderabad
32. "when result come of all india bar exam which was held on dec 2011". Sanjay Patil, (Unknown City?)pune

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