Exam by Bar Council of India
ANIL TREHAN
(Querist) 14 June 2010
This query is : Resolved
Hello Sir,
I want to know something about the new initiative of BCI that b4 registering in any bar council, one must have to go through that test. I am having some queries regarding that:
1 From which date it is going to be implemented ?.
2 Whether it will be applicable in all states?
3 Who will conduct that Exam ?
4. From where to get that exam's syllabus?
5. How many number of attempts , one can give in case of failure to clear that exam?
6. What will be the prescribed fees?
7. What will be the requirements to fill that exam form?
Please reply as early as possible at nl.trhn@gmail.com.
Thanks a Lot.
God bless.
A V Vishal
(Expert) 14 June 2010
Fresh law graduates will have to clear a new test from this year to be eligible to practise in court, the Bar Council of India (BCI) said.
The test, which will cost a candidate Rs.1,300, will be conducted twice every year by the BCI, the apex statutory body to regulate the legal education and profession in the country.
The first such eligibility test would be held Dec 5. It would be conducted in nine languages.
The BCI has partnered with Rainmaker, a pioneer in legal training and recruitment, to conduct the All India Bar Examination, which would earn fresh law graduates a BCI licence to practise in courts.
In case a fresh law graduate fails to clear the test, he would be eligible to appear in the next exam six months later. There would be no bar on the number of attempts that a fresh law graduate can make to clear the qualifying test.
The exam will serve as a benchmark test to ensure a basic level of skill and knowledge in those joining the legal profession and intending to practise law in India.
N.K.Assumi
(Expert) 15 June 2010
A resolution was adopted by the Bar Council of India on 10 April 2010 to conduct an All India Bar Examination, the passing of which will entitle an advocate to practice law in India. Consequent to the resolution, the following rules were inserted into Part VI, Chapter III of the Bar Council of India Rules.
[To be inserted as Rules 9 to 11 in Part VI, Chapter III of the Bar Council of India Rules – Conditions for Right To Practice – under Section 49(1)(ah) of the Advocates Act, 1961]
RESOLVED that as the Bar Council of India is vested with the power of laying down conditions subject to which an advocate shall have the right to practice, these Rules, therefore, lay down such condition of an All India Bar Examination, the passing of which would entitle the advocate to a Certificate of Practice which would permit him/her to practice under Chapter IV of the Advocates Act, 1961.
9. 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.
The All India Bar Examination
10. (1) The All India Bar Examination shall be conducted by the Bar Council of India.
(a) The Bar Examination shall be held at least twice each year in such month and such places that the Bar Council of India may determine from time to time.
(b) The Bar Examination shall test advocates in such substantive and procedural law areas as the Bar Council of India may determine from time to time.
(c) Such substantive/procedural law areas and syllabi shall be published by the Bar Council of India at least three months prior to the scheduled date of examination.
(d) The percentage of marks required to pass the Bar Examination shall be determined by the Bar Council of India.
(e) An unsuccessful advocate may appear again for the Bar Examination, without any limit on the number of appearances.
(f) The Bar Council of India, through a committee of experts, shall determine the syllabi, recommended readings, appointment of paper setters, moderators, evaluators, model answers, examination hall rules and other related matters.
(g) The Bar Council of India shall determine the manner and format of application for the examination.
(h) Upon successfully passing the Bar Examination, the advocate shall be entitled to a Certificate of Practice.
Application for Certificate of Practice
11. (1) The Certificate of Practice shall be issued by the Bar Council of India to the address of the successful advocate within 30 days of the date of declaration of results.
(2) The Certificate of Practice shall be issued by the Bar Council of India under the signature of the Chairman, Bar Council of India.
Adv.Aiyer VLV
(Expert) 15 June 2010
resolution says post enrollment exam to be taken up.
colourable legislation, by allowing enrollment and disallowing practice, BCI thinks it can make rule to be unruly
ANIL TREHAN
(Querist) 15 June 2010
Thanks to all for reply but still i want to know that as 1st exam is going to be in December 2010 then whether the students who have just got LL.b degrees two days b4 will have to give the exam, if yes then how they are going to get license of an Advocate from Bar Council of Punjab & Haryana Chandigarh, if the test is mandatory then please issue a fax note to the concerned all bar councils as soon as possible as rumor is that test condition will be applicable after 21st june 2010 & so students are just fulfilling all their requirement & taking license of an Advocate in Emergency Quota by paying more fees.
