Guwahati, Sep 29 : The Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim have drafted a joint resolution recently opposing the first All India Bar Examination for all law graduates to be held from December 5 this year.
Success in this examination will entitle an advocate for a certificate of practice that will enable him or her to practice law. The Examination was made compulsory under a resolution of Bar Council of India dated April 10.
The Bar Council of the North Eastern states have opposed the examination for many reasons as reflected in the resolutions mentioned below:
• There is no nexus between the proposed examination and the purpose the Bar Council of India wants to achieve, thus in no manner the examination would improve the standard of the legal profession.
• It would give rise to several complicated issues such as status of the advocates during the interregnum period of enrolment and the passing of the qualifying examination.
• In absence of full proof system of examination conducted through a well recognized statutory body enjoying the confidence of all concerned, it would be futile to hold such examination.
• Without raising the standard of the legal education, the holding of the proposed examination would not raise the standard of the legal profession.
• If the Bar Council of India is at all interested in raising the standard of the legal profession then it should reintroduce the system of training either pre or post enrolment. This can be achieved with the help of present union law minister who has been very helpful and there should not be any difficulty in getting the Advocates Act amended for the purpose.
• In absence of appropriate Regulations laying down the detailed guidelines holding the examination is nothing but a farcical exercise.
• The decision to hold the examination has totally sidelined the State Bar Councils and the concerned Universities and therefore the move to hold the examination is absolutely arbitrary.
• The decision to hold the examination in only eight languages besides English ignoring other major Indian languages recognized in the VIII Schedule of the Constitution is not acceptable. The examination should either be only in English or otherwise in all languages.
The bar council of the Northeast India states is also of the firm opinion that if at all any examination is held, the duties and responsibilities for conducting the same should be entrusted to the State Bar Councils only.
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