'5-Year Law Course Beneficial, Need Mature People In Profession' : Supreme Court Refuses To Entertain Plea For 3-Year LL.B Course After School

The Supreme Court on Monday (April 22) refused to entertain a petition seeking to allow 3-year LL.B degree course right after the 12th standard.

After the bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala expressed disinclination to entertain the matter, the petitioner chose to withdraw the petition.

"Someone might ask, why have a three-year course at all and allow practice (of law) right after high school?," CJI commented right at the outset in a lighter vein.

Senior Advocate Vikas Singh, appearing for petitioner Advocate Ashwini Upadhyay, submitted that the 5-year duration for the LL.B course after school affects girl students.

"Over 50% students who are entering law school are girls. 70% of district judiciary are now girls," CJI countered Singh's submission. Singh however submitted that the course duration affected poor children. Stating that in the United Kingdom the law degree is now having a duration of 3 years, Singh requested that the Bar Council of India be asked to consider the petition as a representation.

However, CJI reiterated the disinclination to entertain the matter. "According to me, even 5 years is too less," CJI commented.

"We need mature people coming into the profession. This 5-year course has been very beneficial," CJI added. 

Singh requested that the petition be allowed to be withdrawn with liberty to approach the Bar Council. However, the Court did not grant such liberty and just allowed the withdrawal of the petition.

The PIL contends that the 5-year duration for the LL.B course is "unreasonable and irrational". The petition filed by Advocate Ashwini Upadhyay sought direction to the Centre and Bar Council of India to form an Expert Committee to ascertain the feasibility of starting 3-Year Bachelor of Law course after 12th Standard like Bachelor of Science, Bachelor of Commerce and Bachelor of Art courses. 

The petitioner submitted that the students can easily study 15-20 subjects in 03 years i.e. 06 semesters. Therefore, the present duration of 05 years i.e. 10 semesters for Bachelor of Law Course is unreasonable and the inordinate duration is arbitrary and irrational and hence violates Articles 14 and 21 of the Constitution, he argued.

"The undue 05 years' time is arbitrary and irrational for many reasons. Firstly, the length of time is not necessary to give a Bachelor degree, secondly, the prolonged period of 05 years is not suitable for students, thirdly, the 05 precious years is not proportional to study Law and fourthly, this puts excessive financial burden on the students to complete such a lengthy degree," the petition stated. 

Case : ASHWINI KUMAR UPADHYAY vs UNION OF INDIA | Diary No. 17329-2024