1-Year LL.M. | Supreme Court Asks BCI To Hold Stakeholder Meeting On Concerns About 1-Year Teaching Requirement To Accept 1-Yr LL.M
In the pleas challenging Bar Council of India's decision(later rescinded) to scrap one-year LL.M. programme and derecognize foreign LL.M. degrees, the Supreme Court today suggested that a meeting of all stakeholders be convened to work towards resolution of issues - including the requirement of 1 year teaching experience for 1-year LL.M. degree holders in order for their LL.M. to...
In the pleas challenging Bar Council of India's decision(later rescinded) to scrap one-year LL.M. programme and derecognize foreign LL.M. degrees, the Supreme Court today suggested that a meeting of all stakeholders be convened to work towards resolution of issues - including the requirement of 1 year teaching experience for 1-year LL.M. degree holders in order for their LL.M. to be recognized.
The Court further indicated that if the issues are not resolved as such, it will hear the matter on merits.
A bench of Justices KV Viswanathan and N Kotiswar Singh heard the matter and noted that the only surviving grievance is with regard to Clause 20(3) of the notification dated 02.07.2021 issued by BCI, which insists on 1 year teaching experience for holders of 1 year LL.M. degree - whether obtained from Indian University or foreign University - for the LL.M. degree to be recognized.
It was further observed that the issue pertaining to scrapping of 1-year LL.M. stood resolved in terms of a resolution dated 07.03.2021, wherein it was decided that the 1-year LL.M. programme should not be scrapped. Rather, it should be allowed to run subject to it being an intensive programme run only by Centres of Legal Education having a centre for Post Graduate Legal Studies with faculty, infrastructure and library.
During the proceedings, it also came forth that BCI has issued a circular dated 20.05.2024, in terms whereof only those with a recognized foreign LL.M. degree (involving teaching experience) can pursue further studies in law. As the validity of the circular had not been challenged in the petitions, the Court gave time to the petitioner to move appropriate amendment and called on the Ministry of Law and Justice, the Ministry of Education and the University Grants Commission to file their responses after requisite amendment is made.
Briefly put, two petitions were filed before the Court challenging inter-alia BCI's decision to scrap the 1-year LL.M. programme: one by law student-Tamanna Chandan Chanchlani (in January, 2021) and another by Consortium of National Law Universities (in February, 2021).
Among the many contentions raised, one was that the Advocates Act, 1961, gives power to BCI only to regulate legal education insofar as it relates to qualifications for enrollment for practice of law and LLM is not a qualification for enrollment.
In March, 2021, BCI undertook before the Court that the Rules abolishing 1-Year LL.M. programme viz. Bar Council of Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical and other Continuing Education) Rules, 2020, would not be implemented in 2021.
Subsequently, certain circulars/notifications were issued which narrowed the scope of the controversy, but necessitated teaching experience of 1 year for 1 year LL.M. degree holders in order for their degree to be recognized.
Advocate Rahul Shyam Bhandari represented the lead petitioner Tamanna Chandan Chachlani, who is aggrieved by the condition that her foreign LLM won't be valid in India unless she completes one year teaching program in India.
Case Title: TAMANNA CHANDAN CHACHLANI VERSUS BAR COUNCIL OF INDIA & ORS., Writ Petition(C) No. 70/2021 (and connected case)
