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Thursday, January 31, 2013

All India Bar Exam


  • by Princi Sharma
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    • LAW graduate Anant (name changed) completed his law degree at a reputed college in Goa in June 2012. But instead getting a full-time job, where he would be able to learn under a senior lawyer, he is marking time as an “intern” in Delhi. “I am unable to get the Certificate of Practice without passing the All India Bar Exam, and my work as an intern will not count in my experience of work,” he shares. This year, the All India Bar Exam (AIBE) will be held on November 25, 2012, and the time lag between finishing studies and giving AIBE, has made life uncertain for law graduates.

      Purpose of exam 
      Conducted by the Bar Council of India, the All India Bar Exam is an eligibility exam for any law graduate to be able to practise in law in India. According to the Bar Council of India, the exam is intended to “assess capabilities at a basic level and set a minimum standard for admission to the practise of law; it addresses a candidate’s analytical abilities and basic knowledge of law”. Upon successfully passing the Bar Examination, the candidate becomes entitled to a Certificate of Practice, which is issued by Bar Council of India within 30 days of the date of declaration of results. All students graduating from the academic year 2009-10 onwards need to clear AIBE in order to practise law in India.
      ’Pass or fail’ test
      The first edition of AIBE was held on March 6, 2011, and it has been conducted three times to date. The Bar Council of India’s objective for conducting this exam is to examine a candidate’s capability to practise the profession of law in India. The Bar Council of India aims to conduct the test at least twice each year, and publish the syllabus at least three months prior to the scheduled date of examination. This is a pass or fail exam, with no ranks, percentile, percentages or marks being declared. Also, there’s no limit to the number of times you can appear for the test. And once you clear the test you will get the eligibility certificate to practise in courts. The minimum marks to be secured to become eligible to clear the exam is determined by BCI.

      How to apply
      Facing too many controversies regarding this exam, BCI is trying to make the application process easier. It has started an online application system for this exam and students can log on to www.allindiabarexamination.com and apply. The entire application process includes three steps: Step 1- Register yourself on the website and get the application number; Step 2- Download SBI chalan, fill it and deposit fee in nearest SBI branch; Step 3- Log in on the website, go to the application form, fill all information, and submit application.

      Plight of students
      In 2012, the exam which was supposed to be held in May or June, has been postponed to November, thus putting law graduateswho passed out in June 2012, in a fix. BCI has stated administrative issues as the reason for this delay. Since the exam is to be conducted on a large scale BCI wanted to finalise an agency that will conduct the AIBE every year. The Council has now hired a Noida-based IT implementation and delivery company for help, because none of the tendering third party agencies to conduct the exam were finalised. Rainmaker, BCI’s previous AIBE contractor will not be conducting the exam this time round. “Though we got the permission from BCI in August to practise in courts for a period of six months without clearing the AIBE, even that is too late. Now, everything is uncertain,” shares a student from Government Law College, Mumbai. BCI had allowed students in August to practise in courts temporarily for six months. 

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