Bar Exam: 9 petitions to be transferred to the Delhi High Court; Conversation with CEO of Rainmaker and BCI Spokesperson

Bar & Bench News Network

Aug 02, 2010

The Supreme Court today heard the transfer petitions of writ petitions filed against the implementation of the All India Bar Exam (AIBE). 9 petitions have been filed in various High Courts and the Chairman of Bar Council of India (BCI) had wanted to transfer these petitions to the Supreme Court. The matter was listed before Chief Justice S.H. Kapadia, Justices K.S. Radhakrishnan and Swatanter Kumar.

The Supreme Court has issued notices to all the 9 petitioners, which is returnable in two weeks to file any objections for the transfer of these petitions before the Supreme Court to Delhi High Court. Since Delhi High Court was suggested by the arguing counsels as one of the forums to adjudicate the controversial AIBE.

Bar & Bench spoke to the CEO of Rainmaker, Nikhil Chandra and the spokesperson of the BCI, Gopal Sankaranarayanan of various aspects of the Bar exam. Here is a transcript of our interview:

How prepared is Rainmaker to handle a pan India Bar Exam, which is a logistic challenge? Talk us through your preparations, the team behind Rainmaker incharge of the Bar Exam?

Nikhil Chandra: Rainmaker has been in the assessment space for a while and has also run various educational, training and assessment programmes for thousands of law students and professionals across India. The All India Bar Examination (AIBE) is a logical extension for this area of expertise and we are prepared for the AIBE on all counts – including conducting the AIBE in every state of this country and providing quality preparatory materials along with the BCI (and legal academics and professionals) in multiple Indian languages. We clearly understand and are prepared for the amount of intellectual input that goes into each of these areas, given that tens of thousands of enrolled advocates, who have received preparatory materials (running into hundreds of pages) in their language of choice, would sit for the AIBE in 27 centres across the country.

Various steps have already been taken - almost half a lakh AIBE application forms were sent out in advance of the opening of the registration period for the AIBE and Rainmaker has also accompanied Bar Council of India (BCI) staff across the country to meet with all the State Bar Councils and run them through the entire AIBE process. FAQs, help lines and email assistance have been provided along with multiple language translations of various documents. Intent is clearly to be an access and candidate friendly examination.

Internally, the AIBE is being overseen by two of the co-founders of Rainmaker along with an experienced team, which includes individuals who have expertise in the large-scale examination space.

How did Rainmaker get selected? There is a large section of the legal community and media that thinks that the selection process was arbitrary.

Nikhil Chandra: Rainmaker has been in the business of providing services to the legal industry for more than 3 years now and had made a presentation to the BCI on the AIBE and various areas that Rainmaker could help with. The final decision of the BCI would have been based on an objective assessment of the various strengths brought to the table by various vendors and keeping in mind the holistic nature of reform required for the Indian legal profession. In any event, this is a question better answered by the BCI.

Since the co-founders of Rainmaker were associated with Law School Entrance, a law school tutorial company, a large section thinks that Rainmaker will also be running the tutorials for Bar Exam? Is it true?

Nikhil Chandra: Rainmaker does not currently have any link to the LST business, and more importantly as a part of the agreement with the BCI, Rainmaker cannot enter the tutorial business for the AIBE. Though this is a large and potentially lucrative market, it was a conscious decision on our part to partner with the BCI on the AIBE and step away from the tutorials business. We strongly felt that the AIBE is a necessary step in reforming the Indian legal profession, creating access and support for graduates across the country (who may not have received a minimum standard of legal education), and an entry-level benchmark for the legal profession as a whole, and were keen to be involved in it.

Several PILs that have been filed are questioning the Bar Exam and in some of them one of the grouse of the Petitioners is that Rainmaker is conducting these exams. What value add is Rainmaker brining to the table which cannot be addressed by the existing infrastructure set up by the State Bar Councils?

Nikhil Chandra: We are aware of the value add we bring to the table, but this would be a question better answered by the BCI.

There are also several revenue figures floating around about how Rainmaker will make crores of rupees through the Bar Exam. Promoters must be investing aggressively on building this initial capacity. Talk us through this and how difficult is it to raise investment for projects like this.

Nikhil Chandra: Rainmaker enjoys the continuous support of its investors (which consists of several leading lawyers and businessmen) and, as mentioned earlier, we have no concerns on the internal capacity creation side. As far as revenue figures go, it is conjecture to a certain extent – the final revenue figures would depend on the number of recently enrolled advocates who finally take the AIBE. Suffice to say that Rainmaker has taken up a challenging task, which involves time and monetary expenditure on a variety of items with respect to the AIBE – and will be reimbursed for this effort. Do keep in mind, Rainmaker was started by legal professionals who gave up very lucrative jobs in the legal services sector to create long term value for the legal profession and the legal industry as a whole - we continue to be driven by this.

Conversation with Gopal Sankaranarayanan:

Is the Bar Council of India (BCI) logistically ready to conduct the All India Bar Exam (Bar Exam) in December?

Gopal Sankaranarayanan (GS): Yes. BCI representatives have met with every State Bar Council, Registration forms have been distributed, exam centers and back-up options have been selected, and dedicated teams have been formed to handle everything from clarifications and feedback to framing and distribution.

What are the problems being faced by the BCI and Rainmaker when it comes to conducting the first Bar Exam?

GS: Problems which are expected – certain quarters that have objections to the timing of the exam, and others that question the very need of the same, but nothing we are not prepared to handle as best we can.

Why not hold the Bar Exam from the next academic session since many students will have to sit idle for months?

GS: There are dates and deadlines which have been furnished to the Supreme Court, by which we must abide. As for the students sitting idle, we are seriously considering alternatives – I expect some decision in this regard within a week.

Don’t you think you could have avoided the bad publicity and PILs if the Exam was conducted from the next academic year?

GS: To be honest, publicity is not something that is in our control. After many years, we have a Bar Council that is willing to take tough, even unpopular decisions for the sake of the lawyers and the litigant public. We could of course have avoided some of these negatives if the exam were conducted next year, but since the Bonnie Foi proceedings have been on since late 2009, it was necessary that the exam be introduced without any further delay where our seriousness would be doubted.

Why was Rainmaker chosen to conduct the Bar Exams? Shouldn’t a government body conduct the Bar Exam without any private players being involved?

GS: After the reports regarding the Bonnie Foi hearing had been published in the media along with the recommendation of the All India Bar Examination, representatives of Rainmaker came to attend the hearings in the Supreme Court and met the Chairman of the BCI on 23^rd April 2010. They put across a proposal and a road map for the implementation of the Bar Examination and other reform programmes, and offered to roll out the same. After many negotiations, and on seeing their clear expertise in this field, apart from their alliances with IGNOU and Queensland University of Technology, Australia, the composition of their Board and that they were a young team of professionals who had thrown up lucrative jobs to start this initiative, their proposal was accepted. Rainmaker has helped redesign the BCI website for free when one of India’s leading private IT firms made an offer which would cost us about Rs. 6 crore. The fact that the Bar Council of India is not a cash-rich organisation distributing largesse must not be forgotten. We have chosen someone we believe can execute this massive plan with very little monetary investment from our end, and we trust they will do their job well. In addition, Rainmaker is not concerned with the tutorial business, and there are clear conditions that they will be involved only with the exam end of things.

One of the major criticisms for not implementing the Bar Exam is that the educational system itself if flawed and by merely conducting the Bar Exam you cannot improve the quality?

GS: The BCI is moving on all fronts at the same time. The Chairman has made it clear that he wishes to consolidate the number of law colleges in the country, and we have a Manual which will be used to determine whether existing institutions are up to the mark or not. Very shortly, teams will be visiting all law schools and colleges across the country to examine the state of legal education and to evolve solutions, some which might be hard ones. Yet, that exercise is not inconsistent with that of conducting the Bar exam, which examines the merit of an individual to practice law in India. Maybe someday when legal education is perfect, we may do away with the Exam, but that day has not yet come.

The Law Minister has promised to look into the Bar Exam and has promised students that he will look into the issue. Is the Government (Law Ministry) fully supporting the Bar Exam initiative?

GS: The Law Minister (Veerappa Moily) has been most gracious and supportive of this and other initiatives of the BCI. This was reiterated by him at his address on the launch of the AIBE and the website in the first week of July in Delhi. However, as Law Minister, it is his duty to address all grievances placed before him. In this, BCI is also looking at options to allay the concerns of the students.

Have the negative opinions of many legal luminaries against the Exam affected them?

GS: I don’t know the “many” legal luminaries who are against the exam. In fact, we do know that there has been overwhelming support from almost every single Senior Advocate, academic and professional that we have interacted with, with possibly the sole exception of the President of the Supreme Court Bar Association. If the media had taken the trouble of asking the others, you might see the support the exam has.

You have decided to club the Bar Exam PILs, writs and have filed an application before the Supreme Court to decide. Do you think a delay by the SC to hear or adjudicate the matter will affect the students appearing for the Bar Exam?

GS: A Transfer Petition has been filed by the BCI, so that all issues can be heard by the Supreme Court and that the response can be consistent. I do not expect any delay by the Supreme Court at all. The matter is listed before the Chief Justice of India on Monday, 2^nd August 2010.

In retrospect what steps could have the BCI taken to prevent the current backlash against them?

GS: Not much, considering that the origin of the entire exercise was in the halls of the Supreme Court, where very good suggestions were made to improve the lot of both legal education and the profession in the country. The BCI is sincere in these goals, and as the Chairman has been saying, he has very little time to implement these far-reaching initiatives.

Comments(14)

1. "Question for Mr.GSwhat about abiding by the guidelines made in the 3 member expert committee was to be submitted to the SC by you yourself so, should you not abide by it.ps: weren't you also a member of the 3 member expert committee setup by the SC.". Mukesh Singh, Delhi
2. "LST IN NEW AVATAR DESIGNING BCI WEBSITE FREE !". ALANKAR, JAMSHEDPUR
3. "As specified by Mr. Nikhil Chandra, LST is in no way connected with Rainmaker. LST is a part of the Career Launcher group now. ". Abhas Singh (National Anchor, LST), Noida, Uttar Pradesh
4. "Rainmaker bashers are a bunch of frustrated lot. I have seen the team from it's inception days and they have worked hard to be where they are. Just because they have got a good opportunity, doesn't mean they have to be unnecessarily criticised. Also, what is wrong in doing the bcd website for freer. This means that bci has got a good deal where a corporate is doing their age old wwebsite where no info was available. Just see thoe new website. It's loaded with content and has some great information. Please see the positive side of this and support them with useful comments". Rajesh Narasimhan, Nagpur
5. "can someone just lemme know....r d exams happening or not...!!Please!!!!". Kanchan Mishra Chaudhary, Abc
6. "No matter either the Supreme Court or Delhi High Court is transferred all writ petitions filed before different High Courts by aggrieved law students challenging the proposed All India Bar Examination, it is Pertinent to mention that the main contention in all petitions question competency of BCI to conduct such an exam for entry into Bar when the Advocates’ Act, 1961 is silent over it. Amidst all arguments and counter-arguments regarding power to BCI in this regard, if it is serious enough for conduct of hassle-free Bar Exam, it should urge the government to immediately table a Bill in coming Monsoon session incorporating appropriate amendments in the Advocates’ Act, 1961 providing for the same. A draft of such Bill has already been proposed in 184th report of Law Commission (2002). The condition laid down by BCI asking all fresh law graduates to firstly get themselves enrolled with respective Bar Council(s)before appearing in the Exam merits review and there is no rationale in getting enrolled as an advocate without passing the Bar Exam. It would mean all such persons would be duly enrolled advocates but without right to practice or appear/argue in courts as such a right would be available only after their passing the exam because a “Certificate of Practice” would be granted only to successful ones. Why these two certificates- one of enrolment and another of practice, this would mean all pre-2010 would be just enrolled advocates while fresh ones as “enrolled certified advocates”. Instead of all this, all fresh candidates rather be asked to first pass the Exam and then get themselves enrolled with respective State Bar Council(s) as enrolment as an advocate without right to practice makes no sense. After all, if one wants to pursue career as non-litigating /in-house counsel or as a legal consultant, there is no need for enrolment with Bar Council. Perhaps the BCI has made such a provision as it has no power to lay down any condition prior to enrolment of advocates as such power is only possessed in Parliament by amending Section 24 of Advocates Act. The BCI need to understand that even after its cautious approach, the present concept of Bar Exam would still be subjected to judicial review. Only last year, the Apex Court stayed the BCI rules relating to legal education which provided maximum age limit for admission to law course at 30 years for three-years course and 20 years for five years integrated degree. Hope BCI chief, Gopal Subramaniam, who has vowed to refurbish our legal profession, would endeavour to give the concept of Bar Exam a statutory shield. HEMANT KUMAR ADVOCATE AMBALA CITY HARYANA ". HEMANT KUMAR ADVOCATE, AMBALA CITY HARYANA
7. "The BCI examination may not be applicable to recent passing student of law graduate Who are not aware of that and it is completly unjutificable to student.I thing bar council is try to earn profit from this exam so bci first make uniformity on law collegs sylabus and good sttaf and facility like medical colleges and then conduct exam". Babasaheb .m .sapate, (Unknown City?)solapur
8. "â€œI think the BCI examination may not be applicable on those student who recently passing of law graduate exam, and generally who are not aware of that and it is completely unjustifiable to student. I thing bar council is try to earn profit from this exam so BCI first make uniformity on law colleges syllabus in all over India and make rule to provide good staff and then conduct exam". Rajnish Sharma, Gwalior
9. "I do appricate the bar exam but it should be from next acadmic year as many students will suffer by sitting idle in the home.". Ram Susarla, Hyderabad
10. "in my view the BCI examination is a very good step in the wellfare of law practicners but is should be commenced from next acadmic year so that the present law passed student can utilize the time and be active in the profession.". Ashish Yadav, (Unknown City?)
11. "exams are ok it will standardize the system.but bar council needs to look in to fixing a minimum stipend payable to junior lawyers.Exploitation of junior lawyers needs to be stopped.". Vibhav Godbole, Goa
12. "I really appricate the BCI entrance exam. But the students who recently complets their law degree has no idea about it. And conducting the exam on december is too late to the students who have completed their degree on July 2010. it is wastage of time also. And still it is not confirm whether such exam is there for the students who completed their degree on july 2010.. So such freshers are still in confusional state. This is unjustifiable.Still Tamil Nadu bar council is not conform about the BCI entrance. It is burden to the freshers..". Ragatheesh, Nagercoil
13. "What bull***, from the rainmaker chap, about how they gave up all they had to make rain maker. obviously you would since you are going to dupe so many people out of their money". Manoj, Mumbai
14. "New Rules Framed by the Bar Council of India New Delhi for the First Ever All India Bar Examination Scheduled on 5th December 2010 for law students graduating from the Academic Year 2009-2010 on the basis of Bar Council of India Resolution dated 30th April 2010 without considering any opinions of the law graduates and without giving any opportunity/time for law graduates suddenly passing Resolution on 30-04-2010 it applies from the academic Year 2009-20910 and Academic year which starts generally June to May now passed Resolution on End of aril 2010 and made Gazzette on 12th June 2010 and said that applicable for Academic Year 2009-2010 which violates democratic principles as well as constitutional conventions. why this hasty decision taken by the Bar Council of India has no meaning and there is no proper answer only one thing Bar Council of India telling that there is a necessary to improve legal standards immediately even though which violates democratic principles which Bar Council of India wants to implement immediately at others cost. How much fair it is time has to be decided?". Venkatasubbaiah Kadapa, Bangalore

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