First Bar Exam: Writ Petition by LA Shah Law College Students

Bar&Bench News Network

Jun 16, 2010

The first bar exam, to be held in December of this year is already facing its first litigation. Six law graduates from the state of Gujarat have filed a petition in the Gujarat High Court against the Union of India through the Ministry of Law and Justice.

The counsel for petitioner Urshit Oza, Amit M. Panchal approached a Division Bench headed by Chief Justice S.J. Mukhopadhaya and Jusitce Akil Kureshi challenging the provisions of Rules 9, 10 and 11 of the Advocates Act, 1961 which requires a person to have a law degree to enable him to practice in court.

The petitioners, 6 students were enrolled for a 3-year law program from Sir L.A. Shah Law College, Ahmedabad. The Law College also offers a 2 year LL.B programme and a 3 year LL.B programme after completion of a 3 year graduation. The petitioners after graduating with a commerce degree opted for a 3-year law degree programme.

The college course mandated that anyone who is taking up litigation practice after the 2-year programme has to undergo an additional year and would be awarded LL.B (Special) while students who completed the 3 year programme would be awarded LL.B (General) degree. Urshit and 5 petitioners although graduated with a LL.B (General) degree in 2008-2009 opted for an additional year of specialization where they would be awarded the LL.B (Special) degree.

The LA Shah Law college website explains their degrees programme as follows:

LL.B. (General) is a 2 year degree course comprising First LL.B. -2 semesters and Second LL.B.-2 semesters. LL.B. (Special) is a 3 year degree course comprising additional 2 semesters of Third LL.B. LL.B. (Special) degree entitles student to enroll as an advocate. The LL.B. syllabus has been updated in consultation with the requirements and recommendations of both the Bar Council of India in 1997 and the UGC Model Curriculum: Law -2001.

The petitioners allege that due to the BCI resolution which will conduct the bar exam in December of this year, it would lead to a loss of six months and their LL.B (General) degree should entail them to practice without writing the first Bar exam.

Speaking to Bar & Bench, Urshit clarified “There has been a lot of mis-information spread by the media quoting us to be LL.M students and students who have graduated in 2008 etc. We had not approached the media till the hearing was over today. We also want to clarify that this is not a PIL and we are a group of graduates who are affected by the Bar Council’s First Bar exam and will have to wait for an additional six months to commence our law practice.”

The BCI resolution passed in April of this year states that “No advocate enrolled under section 24 of the Advocates Act, 1961 shall be entitled to practice under Chapter IV of the Advocates Act, 1961, unless such advocate successfully passes the All India Bar Examination conducted by the Bar Council of India. It is clarified that the Bar Examination shall be mandatory for all law students graduating from academic year 2009-2010 onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961.”

This degree is a special degree and cannot be classified as a 3-year or a 5-year degree course. The High Court bench adjourning the matter said that since a writ petition is pending before the Supreme Court (Bar Council of India v Bonnie Foi Law College) which is coming up for hearing in the month of July, the matter now stands posted after the Supreme Court hears the petition.

The first bar exam has been facing many hiccups along the way and this petition is only the first among many which will follow the bold decision of the BCI.

Comments(11)

1. "Good report not like others who give half informations!!! keep it up...". Lawtrix, Bangalore
2. "This decision of compulsory bar exam is very immatured step. Justice is Clean donot have any biased sensing organs rather completly based on the facts & truths for the human being. How can the bar exam will bring the qualities in the future budding lawyers by just appearing & passing the exams. The qualities are inculcated & associated with inherent astute desire to be a successful noble lawyer. Imposing such restrictive practice will create chaos among the poor village students and the poors only face the injustice for there basic livelihood whereas the urban population is totally divulging in all polished white collared crime.We have to protect the justice for poors to attract the village law students to join these field by creating legal awareness.This step will further widened the GAP of poor public at large. ". Kishore Lonare, Nagpur
3. "An exam for becoming advocate is a welcome step taken by the Bar Council Of India It will certainl help in improving the quality of legal profession.It will weed out non-sinceres from entering the profession.In India it has become the habit of people to resist innovation clamouring for the cause of poors.Far from this the concept is only to check whether the person is sincere for the profession or not .So far as poor is concerned they should be well aware of law if they are a law graduate whether rich or poor.We have seen many of people from poor family have done exceptionally well in IIT-JEE exam.If a poor has studied law sincerely he is bound to pass the exam.A rich will also not pass exam if he has not done law seriously. Yes,one thing should be done that the poor should be allowed to take exam without any fee.". Vikas Kumar, Patna
4. "The first two comments by themselves show the dire need of this exam. I wonder if lawyers like these draft any application, how difficult would it be for the judges to comprehend what they intended to mean. For eg. "Justice is Clean donot have any biased sensing organs rather completly based on the facts & truths for the human being." and "half informations". LolWell done BCI to have introduced this exam to separate such chaffs from the grain.". NobleLawyer, Delhi
5. "The decision regarding bar exam is right, but whatever changes made should effect to the upcoming batches, but not to the batches who already completed that. It is against to the Constitutional principles. These type of writ petitions restrict bar in making decisions accordingly.". Honey, Hyderabad
6. "Good job, the bar should keep in mind about the students who had completed there law, whatever changes should be made should effect only to new students but not to the batches who completed already.". Usha, Visakhapatnam
7. "The decision of bar council exams are always welcomed.But the model,method of the bar exams should be made crystal clear.A model question paper may be published,which would be a helping hand for the students". Suchithra Menon C, Trivandrum,Kerala
8. "SIR The bar council should not draft such rule without seeking the view of the nation and other legal personality.By framing such rule the bar council doubt the integrity of the standard of the the exam of all universities in india.". Advocate B.s.sidhu, Jagraon (LUDHIANA) PUNJAB
9. "Instead of improving the quality of teachers . please dont pressurise students". Anonymous, Kolkata
10. "It is totally unfair on the part of Bar Council of India to conduct the exam w.e.f.2010. It should be atleast 2012 instead of 2010. Bacause the student should be given sufficient time to chaooe his career. Had they taken this decision at the time of first year of admission of LLB, the student of 2010 batch would not have opted for this course and opted for other profession. Now when they yave completed the LLB Degree and are in the hope to start their practice, they are made to appear in another examination which is totally UNFAIR, UNJUST and VIOLATIVE of Fundamental Right of the person.Hence in my opinion, either the exam of LLB students should be conducted by the Bar Council of India only instead of Universities or this additional exam should not be there. Otherwise what is the sanctity of the examination conducted by the Universities.Passing of this examination will not serve any purpose but to deprive off the innocent students of LLB who passed oyt in 2010 to do practice and earn their livlihood.WHAT IS THE HURRY ?If at all this Exam by the Bar Council of India is going to serve any purpose, why don't we start it after giving sufficient and reasonable time to the students who will take admission in the Ist year of LLB w.ef.2010who will complete the degree in 2013.". Rajesh, (Unknown City?) Chandigarh
11. "all india bar exam is a good step but there are so many things yet to be done to improve the quality of legal education becouse there are so many colleges who do not take degree exam in proper way even student are not going for classes. one college is of such type is in ganganagar and one is in bhopal.". Sachin , Chandigarh

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