Revamp Bar Exam To Test Analytical Skills; Evolve System For Juniors To Find Chambers: Supreme Court Suggests To BCI
The Supreme Court, on Tuesday, heard the submissions made by the Counsels in the plea challenging the judgment of the Gujarat High Court, which allowed persons with other employment, whether full time or part time to enroll as Advocates, without resigning from their jobs. On a previous occasion, the Court had asked the Bar Council of India ("BCI") to introspect on the present mechanism...
The Supreme Court, on Tuesday, heard the submissions made by the Counsels in the plea challenging the judgment of the Gujarat High Court, which allowed persons with other employment, whether full time or part time to enroll as Advocates, without resigning from their jobs.
On a previous occasion, the Court had asked the Bar Council of India ("BCI") to introspect on the present mechanism to conduct the bar examination, also the quality of the said examination and improve the system at the entry level. On Tuesday, while the Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh was hearing the various aspects arising out of the matter pertaining to quality of legal education; the shortcomings of the Bar Examination; developing a system for juniors to find placement in chambers, Senior Advocate, Mr. S.N Bhatt appearing on behalf of the BCI sought time to take instructions regarding the same. The Bench asked the BCI to do the same before the next date of hearing i.e. 12.04.2022.
Enrollment For Candidates Who Are Pursuing Employment
The Bench stated that the right to practice a profession which is a fundamental right needs to be balanced with the requirement of the Bar Council that candidates resign from their current employment while seeking enrollment as Advocate even before taking the Bar Examination. It was deliberated upon that candidates with a job can be issued a roll number to take the examination and they can seek enrollment thereafter. It was suggested that the result of the Bar examination would be valid for three years within which period the candidate has to resign and enroll as an Advocate. In case they fail to enroll within these three years, they have to take up the Bar Examination again. The Amicus Curiae, Mr. K.V. Vishwanathan had suggested that viva examinations ought to be conducted for such candidates.
BCI To Ensure Better Accountability Of Law Colleges
The Bench suggested that the BCI should monitor the law colleges in a stringent manner so as to ensure that they maintain the parameters set out by the Council. Considering how the law institutions have multiplied over the years and given the dearth of requisite faculty, it felt it was the need of the hour to enhance the monitoring mechanism to achieve better accountability.
Bar Examination to test analytical skills and not ability to memorise information
It was recommended that the examination can be devised to test analytical skills and knowledge rather than the ability to memorise information. In order to enhance the quality of the examination the Bench thought that 0.25 negative marking for each wrong answer could be introduced by the BCI. It further added that assignment of negative marks can be introduced for a particular section rather than the whole paper. Mr. Vishwanathan apprised the Bench about the nature of Bar examination in different jurisdictions.
"…in UK the exams are based on the 'Miller Pyramid Scheme' of evaluation in all aspects of reading, writing, expression and communication of a prospective Bar entrance is evaluated. In USA some questions are marked with no provision of negative marking and there may be questions, in the very nature of things there, there may be more than one answer possible."
Apart from the above, the Bench suggested BCI to evolve a fair system for juniors to find placement in chambers.
[Case Title: Bar Council of India v. Twinkle Rahul Mangonkar And Ors. Civil Appeal No. 816-817 of 2022]
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