Is All India Bar Examination(AIBE) to be conducted 2010?
Sunlawseeker
(Querist) 01 September 2010
This query is : Resolved
Dear Advocate!
All India Bar Examination (AIBE)which is the confusing topic for law students those who are completed their law degree this year 2010.
There was no such announcement for students who were admitted in the year of 2007-08 at the time of admission in law course.
Suddenly the ABar Council of India(BCI)announced an examination (i.e.,AIBE) in April 2010 wherein students of 2007-10 batch were being appearing for their final semester after which they planned to enroll as an advocate.
How it is legally valid as per the following aspects?
1. Article 19(g) of Constitution of India gives freedom to do practice as a professional.
2.Chapter IV of Advocates Act 1961 allows a law graduate to practice without any special examination for practice.
3. Is Retrospective implementation of such rules or regulation valid for students those who were not aware of it at the time of their joining?
4. BCI may conduct such exam for the currently joining students (i.e.,2010-13).
5. Students are studying 5/3 years in colleges as per BCI framed syllabus. Hence, those examinations are also indirectly conducted by BCI only. Then what is the need for AIBE separately?
6. Other professional institutions like ICAI,ICWAI,ICSI,AMC,AICTE are not conducting separate exams for practice to students those who studied their own syllbus unlike BCI.
7. Instead of collapsing law education in this manner. BCI may conduct law course, institutions like ICAI,ICWAI,ICSI without conducting regular classes in colleges and universities etc.,
8. May this consider as reverse-discrimination for cancellation of entrance examinations in some states especially in Tamil Nadu?
Dear Experts kindly advice BCI to not to conduct AIBE for students of 2010 batch which retrospective implementation of law.
Thanking you
Regards
V.Sundaresan
B.R. BHALLA, ADVOCATE
(Expert) 01 September 2010
Dear friend, I think it is welcome step and for the betterment of the profession. While there are regular classes in colleges and university for awading Law degree, the other professional degrees awarded by Institute of Chartered Accountants or Company Secretary are conducted and awarded by them. They need not re-examine the level of the students/candidates. But in the case of Law students, there are more than 1000 colleges in India who are teaching law and awarding degrees. Many of such colleges have dummy students whose level was not found up to the mark by BCI. In this process, the litigants happen to encounter ill informed lawyers and they suffer because of their lawyers. The country today is sub-merging itself in the Global economy where Lawyer's role has become very important in international litigation, intellectual property rights and commercial disputes of international level. In case our fellow lawyers do not upgrade themselves, the Govt. will be under pressure to allow foreign lawyers to appear in courts. By doing so, the BCI has taken this step in the interest of lawyers as also the litigants. Today, the reputed law firms, who handle international issues, appoint graduates of National Law Colleges or graduates from reputed universities. I hope, the step should be welcomed as it has to begin one day.
