Right To Practice Of Foreign Law Degree Holders Affected By Delay In Declaring Result Of Qualifying Exam: Sr Adv Indira Jaising Writes To BCI
Senior Advocate Indira Jaising has addressed an open letter to the Bar Council of India (BCI), expressing concerns over the delay in declaring the results of the 18th Qualifying Examination for Foreign Law Degree Holders, which is a prerequisite for them to commence practising law in India. Approximately 75 law graduates are affected by this delay. Jaising has urged the the apex body for...
Senior Advocate Indira Jaising has addressed an open letter to the Bar Council of India (BCI), expressing concerns over the delay in declaring the results of the 18th Qualifying Examination for Foreign Law Degree Holders, which is a prerequisite for them to commence practising law in India.
Approximately 75 law graduates are affected by this delay. Jaising has urged the the apex body for lawyers to consider provisionally enrolling these foreign law graduates as Advocates with such conditions as it deems appropriate.
In her letter, Senior Advocate Jaising pointed out that in 2020, the exam was conducted and the results were declared in April 2021. However, this year, the examination was conducted in December and the result is yet to be declared.
"The release of examination results has been significantly delayed. While the previous year's results were published in March, no specific timeline had been provided this time. The students have been repeatedly requesting for updates and have been met with arbitrary and vague justifications. There is an inordinate delay of 5 months which severely impacts the Right to Practice under Article 19 (1) (g) which is a Fundamental Right. Moreover, this situation places these students who have studied from prestigious universities in a precarious position, as they are missing out on potential job opportunities due to the uncertain nature of their status."
She also mentioned the difficulties faced by the students when the examination dates were rescheduled by the BCI last minute, during the peak holiday season in December, when travel and accommodation costs were much higher than usual.
"This year, around 75 students have been adversely affected by the recent events. The administration faced a delay in organizing the examination, which is typically scheduled between July and August. However, this year, it was scheduled in December. Initially, the examination dates were set for December 5th-10th, 2022. However, without providing any explanation, the Bar Council of India (BCI) subsequently changed the dates to December 19th-24th, 2022," the letter reads.
The confusion surrounding the allowance of Bare Acts during the examination and the lack of transparency regarding the examination fee of Rs. 1.5 lakh paid by the students, are some of the other issues raised by the Senior Advocate in her letter.
"In light of the injustices faced by the affected students, and in the event that the results of the examination cannot be promptly released, I urge you as a responsible member of the legal profession and a concerned citizen to consider provisionally enrolling the foreign law graduates as Advocates with such conditions as the Bar Council of India deems appropriate. There are approximately 75 law graduates currently in a state of limbo, waiting for an opportunity to commence their legal practice. As a profession, we owe them an explanation and a chance to begin their careers in law," she wrote.