This post is targeted at law students pursuing their law in premium law schools of India. (Both N-Rated as well as non N-Rated). The students who have stood stern battles in their respective law schools to argue it out on a constitutional matter in most the prestigious moot court in India would surely be amazed to know that the 27TH BAR Council India Moot is going Commercially International. The hindrance is that the proposed International Commercial Arbitration compromis for Bar Moot cannot synchronize itself with Indian family disputes, criminal law and as the great Nani Palkivala would put it this compromis will also not support the fundamental law of superior obligation i.e. the Constitution of India. I am reminded of few lines of literature which read as “everything that glitters is not gold”. The International tag of 27TH Bar Moot has more to hate and less to love. As hosts to 27TH BAR moot our college team has been sweating it out reading those lengthy and heavy treatises of Constitutional law (I presume same would be the case with other law schools preparing seriously for the same moot) but this news, BAR moot bouts to judged on the criterion of International Commercial Arbitration compromis, has compelled them to consider other moot options. I would argue like a lawyer by presenting three contentions against the proposed change. First the purpose of Bar is to promote more and more students to join the practice of this noble profession. The proposed the change won’t do any good to the cause of BAR. It seems Bar is working against its own cause. Secondly, when we peruse through the burdensome course curriculum of the premium law schools in India we would rarely find commercial international even arbitration as a part of it. Thirdly Bar Council moot has witnessed maximum number of law schools participation than any other moots organized in India but when we taking in the parlance of International Commercial Arbitration we are taking about foreign authors and mostly foreign books which of course are expensive. I am sure objectionaries that only handful of Indian law schools would posses’ sufficient resources for students to work on International Commercial Arbitration. The figure of participation in law school will surely fall down because of the stated reason. If Bar wants to go international and provided Indian law students with an international forum to compete then it should organize to parallel competitions one highlighting Indian law and other based on the International Commercial Arbitration compromis.
Pickon Biswal
I agree with you but then, you see all other moots which ran in municipal laws are out of target from law students. The 5 year courses have commercialised the law studies and the decision of the BAR is a part of the same commericialisation. All the moots which dealt in municipl laws are either not very reputed or in a condition that they will vanish very soon. The popularity of international moots and the hunger for exposure amongst the law student is one of the biggest reasons for such a shocking decidion they have taken........
ReplyDeleteI regret to differ from my brother critic, basically on two points:
ReplyDeleteFirstly, as expressed by the BCI members that it is a enlargement of the moot is not very true as this seems to me a alteration rather than a enlargement. As said by my learned senior that the BCI is selling international liquor is very true as it has totality ignored the beauty of the Indian Law.
Secondly, the difficulty level of the moot is also decreased as earlier only 16 days were allotted four moots in one, but now near about a month for 1 moot on one particular subject.
Though it is a welcome change as "Man is a animal which always expects changes", but such a arsenic change has changed the objectives of BCI. It would have been better if BCI annually did two moots: 1) On International Law 2) On municipal law.