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India Maha Bar Council Opposes Written Test Rule For Law Practice

Jan 1, 2010
Mumbai: The recently introduced rule of Bar Council of India, asking fresh law graduates to pass a written test for being eligible to practice law, has faced opposition from as many as 11 state Bar councils all over the country.

This was disclosed at a press conference here today by Jayant Jaibhave, Chairman Bar Council of Maharashtra and Goa, a body of over one lakh lawyers from the two states.

The Chairmen of 11 Bar Councils from various states, in a meeting at Hyderabad on July 31, unanimously decided to oppose the 100-mark examination sought to be conducted every six months by the Bar Council of India to sharpen the legal acumen of those entering the profession, Jaibhave said.

The first such examination in Maharashtra shall be held on December 5 either at Mumbai or Nagpur, he said adding those law graduates who have enrolled upto September 30 will be entitled to appear for the test.

The state Bar Council is of the opinion that subjecting law graduates to such test would not help in improving legal acumen or skills as desired by the apex body of the advocates, Jaibhave said.

"We shall oppose along with other state Bar Councils and, if necessary, would move the Supreme Court", Jaibhave said.

According to Jaibhave, the Bar Council of India had not taken the state Bar Councils into confidence before deciding on holding examination for law graduates. In rural areas, the law graduates would be deprived from practising because this rule requires them to clear the examination compulsorily.

The state Bar Council Chairman said his organisation would endeavour to improve the legal education by undertaking various training courses for law students.

The Bar Council of Maharashtra and Goa would also make efforts to curtail delay in judicial relief system. For this purpose, the Bar Council would find out the causes for such delay from the taluka and district courts and submit them to the High Court and the Government, Jaibhave said.

The state Bar Council, he said, would also support Lok Adalat, functioning of Legal Services Authority and socially oriented schemes to make the system of law more respectful in the society. For this purpose, all the Bar Council members will work at district and taluka level actively.

The state Bar Council would also endeavour to make the trial Courts strong and ensure that all the necessary infrastructure was provided to them in the interests of justice, Jaibhave said.

The state lawyers body would also aim at making law process transparent and for that purpose all technical and legal expertise and knowledge would be make available to the Government, its Chairman said.

Rajneesh Madhok

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