Final year students passing out in 2010 have strongly opposed the Bar Council of India's proposal to introduce an All-India Bar Examination on December 5 for fresh graduates to enable them practice in courts.
As per the recent decision, fresh graduates after enrolling themselves will have to pass the Bar examination before commencing their practice in courts.
In a representation to the Union Law Minister Veerappa Moily, the students, led by Siddharth S. Seth, said the BCI's decision to introduce the examination had been taken in haste. It said: “Every profession should have consistent improvements, and law being a noble profession, needs the most. But, for improving any profession, there needs to be systematic planning, consultation. A consensus should be formed before implementing any such important decision, which affects lakhs of law students across the country.”
The students felt there was absolutely no prior information regarding the proposed examination. And neither the BCI nor the State Bar Councils sent any guidelines or information of such examination to any university or law school, and the students were clueless about it.
The representation noted that the final year students passing out in June 2010 would be jobless for seven months till the Bar examination results were declared. As per the present curriculum, all students have completed the three months compulsory internship and secured pre-placement orders. Unfortunately, after the national Bar examination was announced, many companies, law firms and offices were revoking their offers, citing the examination and there was no guarantee that they would get back the placement offers after January 2011.
A student delegation, which is to meet Mr. Moily on Monday, wants him to take up the matter with the BCI to declare that the proposed examination would not be applicable for the 2010 batch. Further, it wants the government to appoint a high-power committee consisting of jurists, retired Supreme Court judges, academicians , noted lawyers and representatives of student bodies to inspect, investigate and recommend whether the BCI was empowered to prescribe norms, conditions and rules for enrolling in the Bar; and whether the BCI's decision was within the legal framework as provided for under the Advocates Act, 1961, read with the Constitution of India or it was unconstitutional and ultra vires the Act.
