The joke of the century
resolution has been passed by BCI on 10.4.10 to introduce rules 9-11 which says
all advocates enrolled must undergo an examination otherwise they can not practie. it is clarfied that this
is compulsory for students from 2009-10 academic year
This is famous for all wrong reasons
- Law is being brought ultra vires the Act.
- all advocates enrolled can not practice since the time of notification of this joke till results are announced.
- clarification did not absolve advocates from taking examination, if it does violates Article 14, 19(1)(g) of the Constitution of India.
- objective is to reform legal education - action is creating 31st exam when 30 exams by the very same body controlled education is admittedly bringing out stench of bad lawyering for decades
- Rain maker is better than any university or authority in India
- BCI admits it is inefficient and not able to regulate legal education curriculum, syllabus, examination or education standards
- law ministry party to this lawless-law(?!)
Keeping a concubine, may relieve one's need of love, but does it correct the misbehaving wife?
how a new exam can make everything all right?
If so why BCI did not think of making it part of curriculum and make us read it part of it. By not doing it still it admits that any curricular change will not bring quality as law educating universities/institutions are uncontrollable and untrustworthy - speaks of inefficiency of BCI and is defamatory on legal educational institutions
why it preferred to make a rule ultra vires the law, than making it into the syllabus
what was the hurry to make it applicable to current batch while next year students or best 3 year later who will come out, taking this examination on their last year of college.
Rain maker, Singapore company, has in their board Indian lawyers founding it as well on Board. Who proposed, was there any string pulling or benefit to vested interest.
Let BCI admit that they are not capable of controlling legal education forget reforming it, if you are not eligile, efficient, effective to educate lawyers.
There are scores of reforms to the education that can be discussed by the author.
Is BCI and law ministry all ears, by putting the resolution on back burner and willing to do a real educational reform?
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Tags :Constitutional Law
Mr. Jayavel Thanks! I want to file a writ on this. I want entire advocate community to condemn, the bad drafting of the clause, like you rightly pointed out the lack of intelligible differentia, chaotic wording to put entire advocate community out of practice till results are out from notification date. how on earth, BCI thinks a person who passed 10year back and working in some other position, seeking enrolment, better than 2009-10 student in knowledge. why they do not openly admit they failed in their endeavour to control. if this is not true, another exam would not have arisen. why not make an exam compulsory for advocates in practice. why not make this curricular change, instead of currying freshers who have hopes of earning their livelihodd? advocates (also students) who are voting for the poll in LCI, please come back and vote agaisnt, also give counters if you have any for all points. Can a law governing institution, law ministry pass a law unlawfully?