The Bar Council of India (BCI) has taken a tough step to ensure the quality and legitimacy of legal education in India. BCI has issued an official consultation to stop the growing trend of running LLM (Master of Laws) courses online, distance or hybrid mode without permission. This consultation reiterates BCI’s role as the sole regulatory body on legal education and strictly instructs all concerned institutions to follow the existing legal and educational regulations.
This consultation paper has been prepared by Justice Rajendra Menon, who is a former Chief Justice of Delhi High Court and Co-Chairman of the Standing Committee on Legal Education, and has been sent to the Registrar Generals of the Supreme Court of India and all High Courts. Its copies have also been sent to the universities and state bar councils of the country so that they can take immediate and necessary steps in this direction.
The consultation reiterates the obligations of the Supreme Court’s decisions, UGC’s Open and Distance Learning Regulations-2020, and BCI’s Law Education Rules (2008 and 2020). Under this, it is mandatory to take approval from BCI before running any LLM course apart from the traditional education system. Such courses run without permission affect the quality, uniformity, and statutory recognition of legal education across the country.
The letter also states that many institutes are running courses with names like “LL.M. (Professional)”, “Executive LLM” or “M.Sc. in Cyber Law”, which are being run without prior approval of BCI. This not only confuses the students but also violates the orders of the Supreme Court and degrades the quality of education.
BCI reiterated that under the Advocates Act, 1961, only it has the statutory right to regulate law courses in India. UGC or any autonomous institution cannot independently recognize the LLM course.
The Council has also said that as the minimum qualification to teach law is LL.M., any relaxation in quality or violation of rules at this level directly affects the legal profession.
BCI has requested the High Courts to take serious cognizance of the issue and not recognize degrees obtained from such unrecognized courses for appointment or promotion. Also, institutions and individuals should be asked to submit proof of BCI approval to ensure this.
To protect the interests of students and maintain public confidence, BCI will soon issue a public warning, advising against admission in such illegal courses. Along with this, there is also a plan to initiate contempt and other legal action against institutions that violate these rules.
