SC notice to Centre, BCI, UGC on PIL seeking review of LLB & LLM course duration

The Supreme Court has issued notices to the Centre, the Bar Council of India (BCI), the University Grants Commission (UGC) and the Law Commission on a PIL seeking directions to establish a Legal Education Commission to review the curriculum and duration of LL.B. and LL.M. courses in India.

Acting on a PIL filed by advocate Ashwini Kumar Upadhyay, a Bench of Justice Surya Kant and Justice Joymalya Bagchi asked the respondents to file their replies and posted the matter for hearing on September 9.

The petitioner submitted that there is no relevance of B.A. or B.B.A. with LL.B. “This has disincentivised students to opt for Law,” he said.

”If late Sh. Ram Jethmalani can become a legend of the bar by starting his law career in just 17 years, then why should the youth waste one additional year of their life in the five-year integrated course and not start their career from a younger age of 20-21 years?,” he said, adding even noted jurist Fali Nariman completed three-year law after 12^th at the age of 21 years.

“There are numerous examples of prodigies not being encumbered by a rigid system which focuses more on being the jack of all rather than being the master of one,” Upadhyay submitted.

Noting that the National Education Policy (NEP) 2020 promotes four-year graduation programmes across all professional and academic courses, Upadhyay pointed out the BCI has not yet taken steps to review the LL.B. and LL.M. courses.

Alleging that the extended unreasonable duration of the five-year law course appeared to be structured primarily for monetary gain, the petitioner wanted the top court to direct the Centre to establish a Legal Education Commission or an expert body comprising eminent educationists, jurists, retired judges, advocates and law professors to review the syllabus, curriculum and duration of law courses.

Upadhyay alleged that the five-year law course has been set under the pressure of private colleges so as to make money. Terming the course fee of private law colleges and National Law Universities as exorbitant, he contended that it was very difficult for the lower- and middle-class students to pursue law with such exorbitant fees structure for five years.