[One Year LLM] "BCI Has No Power To Regulate LLM Course"; NLU Consortium Tells Supreme Court, Hearing For Interim Relief Tomorrow

A Bench headed by Chief Justice of India SA Bobde will hear the plea for interim relief in petitions filed by the Consortium of National Law Universities and another by Rishabh Soni tomorrow.

Meanwhile, the Consortium has been asked to file an affidavit regarding the commencement of admission process by National Law Universities for LLM program.

The direction came after Senior Advocate Dr AM Singhvi (representing the Consortium of NLUs) informed the Bench that advertisements for LLM program were published by the Universities on January 2 and over 5000 applications have been received so far.

Therefore, Singhvi urged the bench to pass an order of status-quo as on January 2. He pointed out that the Regulations are yet to be notified by the BCI and the status-quo as regards the non-notification should be maintained.

BCI not empowered to regulate LLM

During the hearing, Dr. Singhvi questioned the power of BCI to regulate LLM program, that too without consultation with any of the concerned Universities.

He submitted that the BCI's power to regulate legal education is only to the extent of prescribing qualifications for enrollment for legal practice. Since LLM is not a qualification for legal enrolment, BCI has no power to regulate it.

"BCI's power flows from Advocates Act. Bar Council is concerned only with laying standard for entry to enrollment. LLM is not an entry course for enrolment.

LLM is not a legal practitioner's degree. Advocates Act deals with only with degree for legal practice," Singhvi said.

Only UGC empowered to regulate LLM

He submitted that it is only University Grants Commission (UGC) which has the power to regulate LLM courses in the country.

"This is an all-India abolition. And not a single University is consulted…One-year LLM program came into being on the basis of recommendations of National Knowledge Commission in 2012. All across the world, one year LLM course is the standard. LLM is regulated by the UGC and not the BCI," he said.

He added that the Rules will scrap one-year LLM program across 22 universities across country, whereas across the world, one-year LLM program is followed.

Singhvi said that the BCI rules purports to do three things: "It abolishes LLM one year course. Them it says entrance for 2 year LLM course must be done by BCI and not by NLUs. The Rules then say BCI will regulate PhD programs."

He submitted that the BCI is wrong in relying on the National Educational Policy as the Higher Educational Commission is yet to come into force and the UGC still exists.

Consortium seeks status quo

Dr. Singhvi informed the Court that as the National Law Universities in India had already invited applications for LLM course and are in receipt of 5,000 applications. He therefore urged the Court that status-quo be maintained and the BCI should be precluded from notifying the decision to scrap 1-yr LLM.

"It should not be that we go out of court and they suddenly notify. The status quo as to non-notification must be ordered. Not a single University has been consulted. Status quo as on January 2, 2021 must be granted," he submitted.

At this juncture, the CJI inquired if the BCI has not yet notified its decision.

"The impugned regulations say that they have abolished. Then they add that the regulations will not come into force till they notify," Singhvi said.

To this the CJI asked, "They have not notified?"

"No. All I say is that status quo is maintained," Singhvi submitted.

Thereafter, the CJI asked the Consortium to file an affidavit regarding the commencement of admission process.

"What is the process already undertaken by the Universities. Where have you said that on January 2 advertisements were published by Universities and 5000 applications were received, fees was received?" the CJI asked and directed that an affidavit in this regard be filed.