A Division Bench of Gujarat High Court has admitted a writ petition and public interest litigation (PIL) challenging the recently introduced requirement of clearing a bar examination to practice in Indian courts and tribunals. The requirement of bar exams has already been in controversies ranging from lack of fairness, conflict of interests, being devoid of any qualitative standards, etc.
The bar exams have also been criticised for want of participation from Law Minister Mr. Veerappa Moily and consequent delegation of his responsibilities to private institution like Rainmaker. In the ultimate analysis, both Law Ministry and Bar Council of India (BCI) have left the entire exercise in the hands of Rainmaker. If this is the vision of Mr. Moily and BCI of legal reforms and qualitative legal education and profession in India, we must better leave the matter for the HRD Minister Mr. Kapil Sibal to pursue.
Meanwhile, the Gujarat High Court has adjourned the matter to 9th August 2010 as the matter would be heard by Supreme Court on 30th July 2010.
An RTI activist Babubhai Vaghela has filed the PIL contending that to conduct an exam for conferring the right to practice on the one who passes is an essential feature and subject of legislative policy. This has to come from Parliament and BCI cannot legislate upon this matter.
While till now bar exams were under attack for administrative and procedural lapses and irregularities, now with the filing of PIL even the legality of the bar exams is in question. This is just the beginning as many more legal hurdles would confront an unprepared and indifferent BCI.
.JPG)
.JPG)
