All the Advocates in the State of Madhya Pradesh have gone on strike today, in protest against the All India Bar Examination (AIBE). The e-Dainik Bhaskar and Nai Dunia local dailies of Jabalpur have reported that Advocates will not appear in Courts today.
Speaking to Bar & Bench Rameshwar Neekhra, Chairperson of the Madhya Pradesh State Bar Council said, “We had a meeting on October 9th, where all the Members went through the Advocates Act, 1961 as well as the Rules of the Bar Council. The system of legal education is controlled by the Bar Council of India and only they have the power to give recognition to a law school. The problems are being faced by the State Bar Councils, as a graduate passes from a University he comes straight to us to apply for enrolment and our Enrolment Committee after verification, grants them with an enrolment number. Now, as soon as they get an enrolment number they get the right to practice under the Advocates Act. Presently they want to hold the exam after a 6 month period when the students have already got the right to practice after the enrolment. The new graduates are facing this problem because they want to join an Advocate, as soon as they graduate and now the Bar Council wants then to study further for the AIBE. Also, in the State of Madhya Pradesh there is only one centre for the AIBE, this is also creating hassles and concern as graduate students from all over the State have to travel to the one and only centre chosen for the AIBE and also taking into consideration the plight of female graduate students who will have to travel to sit for the exam. The Bar Council claims that only when we give you a certificate, then you get the right to practice. The State Bar Council is facing problems because they have been given the right to grant the certificate of practice. All this was discussed in the All India Bar Council Meeting in Delhi followed by a meeting in Kolkata. The BCI have also handed the examination to ‘Rainmaker’ a private company which has no experience in conducting an exam at such a scale. The students can’t even get through the helpline numbers”.
He added on to say, “That 240 Bar Associations in the State of Madhya Pradesh are on strike along with over 80,000 Advocates protesting against the unreasonable decision of the BCI. From the lowest court to the High Court, no Advocate has given an appearance. This is our way of showing resentment”.
Speaking to Bar & Bench, the President of the National Delegation of Law Students Siddharth S.Seth said, “Such an examination which is being opposed by all the State Bar Councils, academicians, noted lawyers and the students is not only effecting the law students and lawyers, but the entire institution at large because there are clouds of uncertainty in holding this examination. I applied and submitted my form last month, but till date haven’t received any preparatory material. I have it on record that I have emailed 20 times and have also called to find out about the status of my application and the only response from the Bar Council in Delhi is that they will update my position soon. It’s October 19th and till date they haven’t acknowledged my application let alone getting an Admit-Card. They also created a chaos with the shifting of their offices, they have their telephone lines closed and a number of emails are pending. The students are very worried as they can’t approach anybody, other than the BCI and State Bar Councils are already resorting to protests. Also, all the stakeholders have not been taken into consideration. I still add on to say that we are not afraid of the exam, but it should have been introduced in a fair manner”.
Bar & Bench has reported previously, taking in the opinion of all the stakeholders. The Supreme Court of India is supposed to hear the matter tomorrow and give its decision. It’s worth the wait or not, will be decided tomorrow.
Also read: Bar Exam: 9 petitions to be transferred and clubbed together; Conversation with CEO of Rainmaker and BCI Spokesperson.
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