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Thursday, 10 March 2016

Careers after High School Class 12th - A Necessity or a Choice

Despite the successful market economy reforms and economic growth of recent years, the situation of the placement of Fresher’s and their further growth in their respective field of choice remains a paradoxical issue. Unemployment and unfilled jobs are a reflection of the skills mismatch between workforce supply and demand.

Young people must therefore be given the assistance they need to decide on their future careers, based on an adequate overview of the changing educational, training and employment markets and awareness of their own interests and strengths. This will help the candidates bridge the gap between what they know, what they want and what they can do.

The intention in building a career guidance system is to improve young people’s knowledge of their own skills and offer comprehensive vocational information and practical experience in selected companies. Equipped in this way, young students at the transition from middle school to high school are able to make more informed career choices and to plan their own careers more knowledgeably. The potential impacts include reducing youth unemployment and raising income, thereby reducing poverty.

At this stage it is crucial for the students to understand that subject choices like the science Stream, Commerce stream, Arts stream, do not any longer restrict their growth prospects to limited fields like Engineering, Medicine, Law, Management(Fields defined by the book). All these courses have unlimited options and It is just that the students need to prepare themselves understanding that for every option that they chose they have alternatives, and also that there is no defined process to reach their aim. As per the need of the hour there are various bifurcated routes to achieve the aim without having to deviate from the main stream, that they belong to. Another important aspect related to the career choice is  how to seek admission in the  best college for engineering or be it for  law  or management. Getting admission to the top colleges in India has been very tough these days and for this its very important that the student should be aware of his capabilities and his interest and accordingly choose the field where he would like to purse his career and also can get admission in leading colleges of his choice rather than any colleges. As doing a course from an top institute also plays an important and vital role towards getting exposure and pursing the desired goal.

Further to this students must clarify as many queries as they have about What Next as this will help students in making better educational and career choices. Among other things, career guidance helps students not only understand information on high school course offerings, career options, the type of academic and occupational training needed to succeed in the workplace, and post secondary opportunities that are associated with their field of interest, but also gives an insight into how can they scrutinize what they have been told , and satisfy themselves about the authenticity of the same. Career guidance also often provides teachers, administrators, and parents with information they can use to support students' career exploration and post secondary educational opportunities.

Thus right career guidance works out to be the pedestal which will step by step lead students to taking correct decisions and clarity of path for further growth.

Ritu Sharma
Convener – Center For Leadership and Development

Thursday, 3 March 2016

Is “All India Bar Examination” within the confines of Law

What is AIBE?
AIBE stands for All India Bar Examination.

What is the objective of the AIBE?
All India Bar Examination was passed by the Legal Education Committee and the members of the Bar Council of India at duly constituted meetings on April 10, 2010 and April 30, 2010.

The objective of The All India Bar Examination (AIBE) is to examine an advocate's capability to practice the profession of law in India by assessing the skills at a basic level. It intends to set a minimum benchmark for admission to the practice of law and addresses a candidate’s analytical abilities & understanding basic knowledge of law. After passing the All India Bar Examination candidate is awarded "Certificate of Practice" by the Bar Council of India. AIBE is conducted in 40 cities all across India. Examination pattern is of multiple choice questions and is an open book exam.

Why it is in the news these days?
All India Bar Examination (AIBE) is in the news these days because a petition was filed in 2013 by R. Nagabushana in which he challenged the Bar Council of India’s power to conduct the All India Bar Examination. The petition demands quashing of BCI’s notification, contending that it takes away the statutory right bestowed upon an eligible person to practice law.

Current status of the Petition?
The Supreme Court on Tuesday i.e. 1st March, 2016 observed that the right to practice law is a Fundamental Right for LL.B. degree holders. The Supreme Court also observed that the introduction of All India Bar Examination to acquire a license has the effect of negating this right.

“The right to practice law is there in the Act (the Advocates Act). When (Bar Council of India) says that a person will not be able to practice law without clearing the exam, and then you are taking away the same right,” the bench comprising Chief Justice T.S. Thakur and Justice U.U. Lalit was quoted as saying.

“To say that one has to pass an examination for practicing as an advocate will negate his or her right to profession. He has a fundamental right to practice. Conditions can’t be put after enrollment. If, at all, it is required, the condition should be put at the enrollment stage,” the bench further stated.

The Bench was of the view that such inclusion of an exam needed an amendment to the existing law. It did not agree with the Bar Council’s logic, asking whether the regulatory body has “become a law unto yourself.”

Soon after issuing of the notification, Mr. Shamnad Basheer, founder of SpicyIP reminded the decision in the case of V. Sudeer v. Bar Council of India, which he stated does not permit a bar exam by the BCI without an amendment to the Advocates Act. In the case, the Court had categorically held that any additional eligibility criteria for the practice of law over and above what was mentioned in Section 24 of the Advocates Act was unconstitutional.

Petitions challenging the inspection have been filed earlier also in the Madras High Court & Gujarat High Court as well. At the Madras High Court PIL claiming that under Chapter IV of the Advocates Act, BCI could not describe additional prerequisites to enrolment and practice was filed by Chennai Advocate M. Radhakrishnan. He had contended that BCI was violating Article 14 of the Constitution, which promises equality once law.

In a significant development, the Supreme Court on 2nd March, 2016 issued a notice to the Bar Council of India in a petition challenging the Constitutional validity of the All India Bar Examination and posted the matter before a 3-judge Bench.

A Division bench of Chief Justice of India TS Thakur and Justice UU Lalit, however, made it clear that it is not averse to having an exam. However, the Court will examine if the existing system is within the confines of law, and if not, seek to strengthen it.

Mohit chauhan

Sources: BusinessStandard