BAR COUNCIL OF INDIA
Part –IV
Rules of Legal Education
Rules on standards of legal education and recognition of degrees in law for the purpose of
enrolment
as advocateand inspection of
Universities for recognizing its degree in law
under
Sections 7(1)(h) and (i), 24(1)(c)(iii), and (iiia), 49(1)(af),(ag),and (d) of the
Advocates Act, 1961 made by the Bar Council of India in consultation with
Universities and State Bar Councils
CHAPTER II
Standards of Professional Legal Education
3. Recognized Universities
The State Bar Council shall enroll as Advocate only such candidates, who
have passed from University, approved affiliated Centre of Legal Education/
Departments of the recognized University as approved by the Bar Council of
India. The Bar Council of India shall notify a list of such Universities and the
Centres of Legal Education prior to the commencement of each academic year in
the prescribed manner and also put in website of Bar Council of India a list of
universities and Centres of Legal Education as amended from time to time. Each
State Bar Council shall ensure that applicants passing out from such a recognized
Universities and of its approved affiliated law Centre of Legal Education are
enrolled.
4. Law courses
There shall be two courses of law leading to Bachelors Degree in Law as
hereunder,
(a) A three year degree course in law undertaken after obtaining a
Bachelors’ Degree in any discipline of studies from a University or any
other qualification considered equivalent by the Bar Council of India. Provided that admission to such a course of study for a degree in law is
obtained from a University whose degree in law is recognized by the Bar
Council of India for the purpose of enrolment.
(b) A double degree integrated course combining Bachelors’ Degree course
as designed by the University concerned in any discipline of study
together with the Bachelors’ degree course in law, which shall be of not
less than five years’ duration leading to the integrated degree in the
respective discipline of knowledge and Law together.
Provided that such an integrated degree program in law of the University is
recognized by the Bar Council of India for the purpose of enrolment.
Provided further that in the case of integrated double degree course the
entire double degree course can be completed in one year less than the total time
for regularly completing the two courses one after the other in regular and
immediate succession, meaning thereby, that if the degree course in the basic
discipline, such as in Arts, Science, Social Science, Commerce, Management, Fine
Arts, Engineering, Technology or medicine etc. is of three years’ duration of
studies, integrated course in law with the basic degree in the discipline could be
completed in five years’ time but where the degree course in basic discipline
takes four or five years, the integrated degree in law with such degree course in
the discipline would take one year less for completing in regular time than the
total time taken for the two degrees taken separately if completed back to back.
Explanation 1: Double degree integrated course such as BA., LL.B. can be
completed within (3+3 –1) i.e. 5 years. But if one intends to do B.Tech., LL.B. it
can be done in (4+3-1) i.e., 6 years.
Explanation 2: Suppose in a University one can have a two years’ graduation
in any social science leading to BA degree, in that case also the composite double
degree integrated course leading to BA, LL.B. would be of five years duration
because double degree integrated course cannot be of less than five years’
duration.
5. Eligibility for admission:
(a) Three Year Law Degree Course: An applicant who has graduated in any
discipline of knowledge from a University established by an Act of Parliament or
by a State legislature or an equivalent national institution recognized as a
Deemed to be University or foreign University recognized as equivalent to the
status of an Indian University by an authority competent to declare equivalence,
may apply for a three years’ degree program in law leading to conferment of
LL.B. degree on successful completion of the regular program conducted by a
University whose degree in law is recognized by the Bar Council of India for the
purpose of enrolment.
(b) Integrated Degree Program: An applicant who has successfully
completed Senior Secondary School course (‘+2’) or equivalent (such as 11+1, ‘A’
level in Senior School Leaving certificate course) from a recognized University of
India or outside or from a Senior Secondary Board or equivalent, constituted orrecognized by the Union or by a State Government or from any equivalent
institution from a foreign country recognized by the government of that country
for the purpose of issue of qualifying certificate on successful completion of the
course, may apply for and be admitted into the program of the Centres of Legal
Education to obtain the integrated degree in law with a degree in any other
subject as the first degree from the University whose such a degree in law is
recognized by the Bar Council of India for the purpose of enrolment.
Provided that applicants who have obtained + 2 Higher Secondary Pass
Certificate or First Degree Certificate after prosecuting studies in distance or
correspondence method shall also be considered as eligible for admission in the
Integrated Five Years course or three years’ LL.B. course, as the case may be.
Explanation: The applicants who have obtained 10 + 2 or graduation / post
graduation through open Universities system directly without having any basic
qualification for prosecuting such studies are not eligible for admission in the
law courses.
6. Prohibition to register for two regular courses of study
No student shall be allowed to simultaneously register for a law degree
program with any other graduate or postgraduate or certificate course run by the
same or any other University or an Institute for academic or professional
learning excepting in the integrated degree program of the same institution.
Provided that any short period part time certificate course on language,
computer science or computer application of an Institute or any course run by a
Centre for Distance Learning of a University however, shall be excepted.
7. Minimum marks in qualifying examination for admission
Bar Council of India may from time to time, stipulate the minimum
percentage of marks not below 45% of the total marks in case of general category
applicants and 40% of the total marks in case of SC and ST applicants, to be
obtained for the qualifying examination, such as +2 Examination in case of
Integrated Five Years’ course or Degree course in any discipline for Three years’
LL.B. course, for the purpose of applying for and getting admitted into a Law
Degree Program of any recognized University in either of the streams.
Provided that such a minimum qualifying marks shall not automatically
entitle a person to get admission into an institution but only shall entitle the
person concerned to fulfill other institutional criteria notified by the institution
concerned or by the government concerned from time to time to apply for
admission.
8. Standard of courses
Whereas all Universities and its constituent and affiliated Centres of Legal
Education conducting either the three year law degree program or the integrated
double degree program for not less than five years of study or both would follow
the outline of the minimum number of law courses both theoretical and practical, compulsory and optional, as the case may be, prescribed by the Bar Council of
India and specified in the Schedule II and ensuring that:-
(a) the minimum number of law courses are effectively conducted in the
Centres of Legal Education with adequate infrastructural facilities as
may be prescribed and in the manner stipulated by the University
Regulations and Rules and that of the Bar Council of India Rules,
(b) the minimum standard of first degree course as designed and run by the
University for the purpose of running integrated course in accordance
with the standard prescribed by the University in view of the academic
and other standards laid down, if any, taking into consideration by the
standard-setting institutions like University Grants Commission or All
India Council for Technical Education or any such body, as the case may
be, and the program is effectively run with adequate number of faculty
in respective subjects, with infrastructural facilities as may be prescribed
by the University as well as the Bar Council of India, and
(c) there is a regular and proper evaluation system for the purpose of
certification of the students graduating in law after completing the
course as a regular student.
Provided that the University for the said purpose shall submit to the Bar
Council of India, copies of the curriculum designed and developed in each
course of study, rules of academic discipline and of examination and evaluation
and also the amendments to those as and when so amended.
9. Process and manner of running integrated course
The University concerned shall ensure that -
(a) Faculties for running the entire course shall design the purpose, manner
and the process of running the integrated courses semester-wise with
clear objective criteria of integration.
(b) There are all infrastructural facilities available for the courses, such as
faculty for teaching the subjects concerned, laboratories needed, and
other class room fixtures and fittings including the computer support.
(c) The double degree courses may be planned by the University in order to
suitably integrate the program meaningfully.
(d) The University shall cause documentary evidences and records of the
above requirements in (a), (b) and (c) to be submitted to the Bar Council
of India, whose inspection committee would review the program from
time to time and provide suggestions to the University concerned, if any.
10. Semester system
The course leading to either degree in law, unitary or on integrated double
degree, shall be conducted in semester system in not less than 15 weeks for
unitary degree course or not less than 18 weeks in double degree integrated
course with not less than 30 class-hours per week including tutorials, moot room exercise and seminars provided there shall be at least 24 lecture hours per
week.
Provided further that in case of specialized and/or honours law courses
there shall be not less than 36 class-hours per week including seminar, moot
court and tutorial classes and 30 minimum lecture hours per week.
Provided further that Universities are free to adopt trimester system with
appropriate division of courses per trimester with each of the trimester not less
than 12 weeks.
11. Minimum infrastructure
Any institution conducting legal education by running either of the law
degree courses or both leading to conferment of graduate degree in law on
successful completion of the course shall have minimum standard infrastructure
facility stipulated by the Bar Council of India specified in Schedule III of these
Rules.
The University shall ensure that all its Centres of Legal Education under the
University maintain the standard infrastructure and other facilities for the
students to suitably impart professional legal studies.
12. End Semester Test
No student of any of the degree program shall be allowed to take the end
semester test in a subject if the student concerned has not attended minimum of
70% of the classes held in the subject concerned as also the moot court room
exercises, tutorials and practical training conducted in the subject taken together.
Provided that if a student for any exceptional reasons fail to attend 70% of
the classes held in any subject, the Dean of the University or the Principal of the
Centre of Legal Education , as the case may be, may allow the student to take the
test if the student concerned attended at least 65% of the classes held in the
subject concerned and attended 70% of classes in all the subjects taken together. The similar power shall rest with the Vice Chancellor or Director of a National
Law University, or his authorized representative in the absence of the Dean of
Law.
Provided further that a list of such students allowed to take the test with
reasons recorded be forwarded to the Bar Council of India.
13. Prohibition against lateral entry and exit
There shall be no lateral entry on the plea of graduation in any subject or exit
by way of awarding a degree splitting the integrated double degree course, at
any intermediary stage of integrated double degree course.
However, a University may permit any person to audit any subject or
number of subjects by attending classes regularly and taking the test for
obtaining a Certificate of participation from the University/ Faculty according to
the rules prescribed by the University from time to time and give a Certificate
therefore.
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