Decision to scrap one-year LL.M will apply only from academic year 2022-23: BCI to Supreme Court

Team SoOLEGAL 12 Feb 2021 4:20pm

Decision to scrap one-year LL.M will apply only from academic year 2022-23: BCI to Supreme Court

On Thursday, 11th February, 2021, Bar Council of India had told the Supreme Court that, its decision of scrapping one year LL.M program and also derecognizing foreign LL.M will come into force from the academic year 2022-23. The submissions of BCI Chairman Manan Kumar Mishra were recorded by the Court and the Court had also noted that no interim order is required in this particular matter.

Chief Justice SA Bobde, Justice AS Bopanna and Justice V. Ramasubranium were hearing the plea which was filed by the Consortium of National Law Universities and two other individual candidates challenging the decision of BCI. According to the recent notification, the BCI had stated that the post-graduation degree in Law has to be of two years consisting of four semesters. The Regulations have partially de-recognized the foreign LL.M by stating that the same shall be equal to LL.M obtained in India only if it is taken after acquiring the LL.B degree from any foreign or Indian university equivalent to the recognised LL.B degree in India.

The NLU Consortium had stated that, this particular regulation of BCI is illegal, unconstitutional, ultra-vires and arbitrary. It was also stated that, the Advocates Act, cannot be used to regulate any academic or degree related issues. The Advocates Act is only for the advocates and this Act only regulates the practice of law and not legal education. Other than scrapping of one year LL.M program BCI had also implemented Post Graduate Common Entrance Test in Law, where all the Universities must conduct this examination for admitting the students in LL.M program.

Petitioner Tamanna Chandan Chachlani, one of the law students also opposed the new rule of BCI. According to the petitioner, the new rule is unconstitutional as it violates the right to education. The petitioner had stated that, it also constitutes interference with her right to exercise her practice and adversely affects her future career and the ability to choose quality education. According to the petitioner, BCI is not the authorized body to regulate higher education in law rather it is the job of University Grants Commission to regulate higher education. Thus for all these reasons, this notification is ultra-vires.

Tagged: Supreme Court   BCI   LLM program   BCI Chairman   Manan Kumar Mishra   Chief Justice SA Bobde   Justice AS Bopanna   Justice V. Ramasubranium   Consortium of National Law Universities   LLB   Advocates Act  
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