Foreign Law Degree Holder With Bridge Course Not Required To Clear Other Qualifying Exams Except AIBE: Karnataka HC Cites BCI Notification
Mustafa Plumber
15 Nov 2024 1:00 PM IST
The Karnataka High Court has directed the State Bar Council to enrol a law degree holder from foreign university who has completed 2 years of Bridge Course, on its rolls on the basis of the results of the Bridge Course without insisting for any other qualifying examinations other than AIBE.
A single judge bench of Justice Suraj Govindaraj allowed petition filed by Karan Dhananjaya and said “I am of the considered opinion that in terms of the notification dated 21.3.2023, (issued by Bar Council of India) such degree holder is not required to take up any other qualifying examination other than the All India Bar Examination (AIBE). The Respondent No.3 (KSBC) is directed to enrol the petitioner as its rolls on the basis of the results of the Bridge Course without insisting for any other qualifying examination.”
The petitioner after finishing his 12th standard had secured admission in Birmingham City University for Bachelor of Laws with Honours. The university is in the list of foreign universities which is recognized by the Bar Council of India. He secured his Bachelor of Law with Honours degree in the year 2020. The duration of the course was of 3years. From 2017 to 2020.
On his return to India, he successfully completed his Bridge Course in NLSIU in the year 2023 but couldn't clear the Qualifying examination for Indian nationals holding foreign law degrees.
As per the notification in India, the pattern for pursuing a Law Degree is either 12 + 3 years (graduation) + 3 years LL.B degree OR 12 +5 years integrated law degree. Those candidates who have not followed such a pattern and yet pursued a Law Degree from a foreign University, whose Law Degree is recognised by the Bar Council of India can make up the deficient years by pursuing 1 years or 2 years of Bridge Degree Course.
On the other hand, if an Indian citizen has done 12+3 (graduation) + 3 years Law Degree from a foreign University recognized by Bar Council of India, then he/she need not pursue any Bridge course and shall be eligible to appear in the Qualifying Examination For Indian Nationals Holding Foreign Law Degrees after obtaining a letter/certificate from Bar Council of India. stating that the said foreign degree shall be considered to be equivalent to a corresponding Indian Law degree subject to the candidate qualifying in Qualifying Examination For Indian Nationals Holding Foreign Law Degrees.
The plea claimed Bridge Course was introduced for students who had obtained their degrees from foreign universities from 2017. Thus having undergone the bridge course at the best of the law colleges in the country, as prescribed by BCI, the necessity to undergo another exam by the Bar Council of India is surprising.
“The BA/BBA/BCOM LLB Honours in India is for 5-years duration after 12th standard. The Petitioner has now achieved parity with the students who have completed the above course in India. This parity has been achieved by him by completing his Bachelors. LLB degree of 3 years and the Bridge course of 2 years, which would add up to 5-years after his PUC/12th standard,” the plea stated.
It was argued that since Indian Nationals who complete their 5-year course have to only clear the All India Bar Examination, the petitioner being made to write 3 sets of examinations, first being the Bridge course which consisted of 8 papers of descriptive type as per the same prevailing standards of Indian students studying in Indian Universities, Second being the Qualifying examination for Indian nationals holding foreign law degrees which again consisted of the same 6 papers as mentioned in the Bridge Course of descriptive nature and the All India Bar Examination which consists of a single paper, is violative of Article 14 of the Constitution.
The plea had prayed for quashing the portion of the BCI notification dated 19.09.2020 which mandates holding of the Qualifying Examination for Indian Nationals holding foreign law degrees. It also sought to direct BCI to declare that AIBE will be the common qualifying examination for both Indian nationals having foreign law degrees who have completed the Bridge Course, as well as Indian Nationals with LLB Degree and there would be no multiple set of Examinations.
Case Title: Karan Dhanajaya AND Bar Council of India & Others
Case No: Writ Petition No: 29996 of 2024
Citation No: 2024 LiveLaw (Kar) 469
Appearance: Senior Advocate B C Thiruvengadam for Advocate C H Jadhav for Petitioner.
