The Education Policy, 2020 of Government of India categorically carved out legal education from the newly proposed umbrella apex body institution, Higher Education Commission of India (HECI) with its regulatory arm of National Higher Education Regulatory Council [NHERC] excluding legal education as one of the only two professional education outside the swipe of the HECI and its regulatory arm, NHERC, making the entire realm of legal education for the Bar Council of India to regulate.
So, the Bar Council of India has given out L.L.M. Rules and Regulations. These Rules are notified in view of Sections 7(1)(h), (i); (ia); (ib); (ic); (2)(b); (c); 15(1); 49(1)(af); (d); (e) with a view to strengthen legal education at each level of undergraduate, postgraduate, legal research, technology & court management, continuing legal education and professional and clinical skill development courses conducted off-line and on-line.
Section 3 states the appointment of a Special Sub Committee, which shall be appointed by the Bar Council of India on the advice of the Legal Education Committee. This Committee will implement these Regulations under the overall control and guidance of the Legal Education Committee (LEC) of the Bar Council of India.
Section 4 states that the Qualification, experience and salary of the faculty members is to be prescribed by University Grants Commission. However, under some special circumstances, the B.C.I. can make some changes in the matters of qualification and experience.
Section 5 gives the Duration of the Legal education courses. It states that the L.L.B course is the entry-level qualification which is either three years or as an integrated degree it is for five years. The post-graduate course in law leading to a Master degree, LL.M., has to be of two years’ duration spreading over four semesters.
Section 6 states that the one year Master Degree Program in Law has been abolished. It 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.
Section 7 states that no University shall admit and award any Master’s degree in law to any person who has not obtained the degree of LL.B. or an integrated degree such as, BA.LL.B. or BBA.LL.B or B.Sc. LL.B. after studying at least a minimum period of five years.
It also states that a Master degree in any specialized branch of Law cannot be considered equivalent to LL.M. Like Master’s degree in Business Law (MBL); Master’s in Governance and Public Policy (MGPP), Master’s in Human Rights (MHR), Master’s in Industrial Laws (MIL) etc., cannot be considered equivalent to LL.M.
Section 8 states that the Bar Council of India (either directly or through its Trust) may annually conduct a Post Graduate Common Entrance Test in Law (PGCETL) for admission in Master Degree course in Law in all Universities and until the PGCETL is introduced the present system followed by respective Universities shall be followed. Once the BCI introduces PGCETL it shall be mandatory to admit the students from the merit list of the Test
Section 9 states that Introducing and running a PGPL course (LL.M. Program) is the direct responsibility of a University and cannot be sourced out to any affiliating institutions. Any University approved by the UGC under Section 2(f) of the UGC Act, 1956 having a Law Faculty or department of Law or School of Law including a Constituent College and after constituting a Council for Post Graduate Studies in Law & Research can apply for introducing a PGPL Course.
Section 10 talks about the conduction for running any PGP course. It states that:-
- The first and third semester program shall commence not later than September 1 and the second and Fourth semester session shall commence not later than January 15 each academic year.
- Each semester shall comprise 18 weeks with minimum 90 working days excluding orientation program, examinations and viva.
- There shall be not more than 20 students in each branch of specialization subject to maximum of 50 students’ over-all total admission in the LL.M. Program of a University Institution.
- The teacher-students ratio in the Post Graduate Program in Law (PGPL) shall not exceed 1:10
- There shall be dedicated core faculty of not less than 10 of whom minimum 4 shall be Professors/Associate Professors.
- A University shall be allowed to offer PGPL only after fulfilling the minimum requirement of faculty and other infrastructure prescribed under these Rules and/or Regulations or Resolutions taken under these Rules.
- A Student may seek internship in any teaching Institution (earmarked by Bar Council of India in this regard) in which case the student concerned shall be put into an internship in the teaching under a senior Professor for at least a period of three months in the Final Semester either within the Faculty or with any other Law School.
- The teaching-learning methodology shall comprise lectures, case studies, group discussions, presentations by the participants, seminars, workshops, field studies and research covering a minimum of thirty hours per week (equivalent to 5 hours over 6 days a week or six hours over five days a week).
Section 11 states that the PGP Course (LL.M. Program) shall comprise a minimum of four compulsory taught papers, eight papers from Common Basket or from area of specialization as may be offered by the University and a dissertation under the guidance of a Professor/Associate Professor. A Full paper may be allocated 4 credit, half paper with 2 credit and eight papers with 2 or 3 credits depending upon the course contents and class hours required to cover the contents. The Research paper/dissertation may be allowed to be considered as a full paper. A student shall submit an outline of the Dissertation plan with research blueprint at the beginning of the 4th Semester.
Section 12 gave some transitory provisions:-
- Until the Curriculum Development Committee (CDC) of the Legal Education Committee, (LEC) of Bar Council of India otherwise decides the four base courses compulsory for all students shall be (a) Law and Social Transformation (b)Theories of Law and Justice(c) Research Methodology &design of blueprint of Curriculum and (d) Quantitative Analysis.
- All rules, regulations, guidelines, directives and circulars of the UGC introduced/issued from time to time by the UGC concerning the LL.M. program by a University and also for setting academic and administrative standards unless expressly prescribed /directed otherwise by any Regulations, Guidelines, Circulars, Directives or Notifications of the Bar Council of India, shall remain operative and binding upon the Universities. In case of any obstacles faced by a University, such information has to be brought to the knowledge of the BCI to be placed before the SSC.
- So long the Bar Council of India does not take steps for operating its own Accreditation system as laid down under Education Rules, 2008, each University shall ensure to take Accreditation from the National Council(NAAC).
Section 14 states that for Approval for running an L.L.M. program there need to be an inspection done by an inspecting committee sent by the SSC. They should prepare a report and it shall be placed before the LEC for approval with observation of the SSC and a copy of which shall also be forwarded to the UGC/HEGC urging to allocate block and maintenance grant including library grant and grants for appointing faculty members. Once approval is granted on the proposal of a University, it shall continue for a period of five years. However on surprise inspection, an inspection committee may recommend cancellation of such an approval. The University is given an opportunity of explaining why such an approval is not to be revoked in given fact situation as observed by the Inspection Committee. The decision of LEC shall be final. However, the Bar Council of India can revise the decision of Legal Education Committee of the Bar Council of India for special reasons to be recorded in writing.
Section 15 states that universities can register a stipulated number of students for the Ph.D/SJD course in Law.
Section 16 states that the Bar Council of India through the B. C. I. Trust shall introduce two professional efficiency enhancement continuing education courses only for Advocates who are enrolled with any State Bar Council. They are the Associate of the Bar Council of India (A.B.C.I) and the Fellowship of the Bar Council of India (F.B.C.I). The A.B.C.I. is equivalent to L.L.M and the F.B.C.I. is equivalent to PhD.
Section 17 states that the Bar Council of India Trust in association with any National Law University/University faculty having a high accreditation rate and the State Bar Councils may run Short Term refresher courses of the duration of five days to fifteen days in any general or specialized field of law.
Section 18 states that BCI Trust may conduct para-legal, technology & Court Management courses of suitable duration online and/or offline to facilitate para-legal works and court management to cover updated education and training. BCI Trust may for the above purpose seek assistance and involve the service of the National Legal Services Authority and State Legal Services Authorities.
Section 19 states that the Bar Council of India through B. C. I. Trust may initiate programs for faculty improvement and teacher training.
Section 20 talks about the equivalence of Post Graduate Degree obtained from a Foreign University which is:-
- The course must have been taken only after obtaining the LL.B. degree from any foreign or Indian University which is equivalent to the recognized LL.B. degree in India.
- LL.M. degree obtained from a Foreign University, which has been prosecuted without an equivalent LL.B. degree, shall not be equivalent to Indian LL.M. degree.
- One year LL.M. obtained from any foreign University is not equivalent to Indian LL.M. degree. However one year LL.M. degree obtained after an equivalent LL.B. degree from any highly accredited Foreign University may entitle the person concerned to be appointed as a visiting professor in an Indian University for at least one year so as to consider such One year LL.M. degree with one year teaching experience as a Visiting Faculty/internee faculty/clinical faculty the Master degree obtained on one year term may be considered equivalent.
Section 21 states that the Bar Council of India and/or Bar Council of India Trust shall frame the Regulations and/or pass resolutions from time to time for proper and effective implementation of these Rules.
Section 22 states that The Legal Education Rules, 2008 as amended from time to time or replacing Rules including the Schedules shall be mutatis mutandis applicable unless any provision is specifically applicable only to undergraduate studies in Law alone.
