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New BCI Rules Abolishing 1 Year LL.M Courses In India Challenged In Before The Supreme Court

Nupur Thapliyal
11 Jan 2021 3:29 PM GMT
New BCI Rules Abolishing 1 Year LL.M Courses In India Challenged In Before The  Supreme Court
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A petition has been filed before the Supreme Court challenging the recent notification of the Bar Council of India to abolish one year LLM courses in India. Tamanna Chandan, the petitioner, a law student has challenged the new Bar Council of India Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical and other Continuing Education) Rules, 2020 as being in...

A petition has been filed before the Supreme Court challenging the recent notification of the Bar Council of India to abolish one year LLM courses in India.

Tamanna Chandan, the petitioner, a law student  has challenged the new Bar Council of India Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical and other Continuing Education) Rules, 2020 as being in violation of her fundamental right to education.

The petition filed through Advocate Rahul Bhandari also states that the said Rules are in violation of the provisions of Advocates Act, 1961.

According to the petitioner, the amendments made by the Rules are in violation of her right to practice profession under the Constitution of India and that there is no reasonable justification on the part of BCI to abolish the 1 year LLM course.

Another argument raised in the petition is regarding the absence of power with the BCI in regulating the rules of higher legal education in India as the same rests within the jurisdiction of UGC, University Grants Commission.

ABOUT THE BCI NOTIFICATION

The new Bar Council of India Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical and other Continuing Education) Rules, 2020, seeks to abolish One year Master Degree in Law (LL.M.) in India.

A Master Degree Program in Law of one year duration introduced in India in 2013(as per notification) by the University Grants Commission shall remain operative and valid until the Academic Session in which these Regulations are notified and implemented but not thereafter at any University throughout the country, the new rule states. These Rules shall come into force from the date notified by the Bar Council of India.

The new rules provides that the post-graduate course in law leading to Master degree, in short, LL.M. has to be of two years' duration spreading over four semesters. Further, LL.M. course is restricted to only graduates in law.


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