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 V
Recognition of Degree in law of a Foreign University

37. Degree of a Foreign University obtained by an Indian citizen

If an Indian national having attained the age of 21 years and obtains a degree in law from a Foreign University such a degree in law can be recognized for the purpose of enrolment on fulfillment of following conditions:

(i) completed and obtained the degree in law after regularly pursuing the course for a period not less than three years in case the degree in law is obtained after graduation in any branch of knowledge or for a period of not less than five
years if admitted into the integrated course after passing +2 stage in the higher secondary examination or its equivalent; and

(ii) the University is recognized by the Bar Council of India and candidate concerned passes the examination conducted by the Bar Council of India in substantive and procedural law subjects, which are specifically needed to practice law in India and prescribed by the Bar Council of India from time to time as given in the schedule XIV. Provided that those who joined LL.B. course in a recognized Foreign University prior to 21st February, 2005 the date of notification in this regard by the Bar Council of India need not seek for such examination, other aforesaid condition remain same.

Provided the same privilege shall be also extended to Persons of Indian Origin having double citizenship in India.

38. Enlisting a Foreign University

The Bar Council of India on the recommendation of the Legal Education Committee may consider the application of a foreign University to enlist the name of the University in the Schedule V of these rules. The degree in law obtained from which Foreign University by an Indian national shall be considered for the application preferred under Rule 37 above.

39. Recognition of a Foreign University

(I) For the purpose of recognition of Degree in Law under Rule 37 above, any Foreign University may apply to the Bar Council of India for granting recognition to such University.

(II) Such application shall contain

(i) History of the University,
(ii) its Hand book, Brochure, Prospectus containing courses of study,
(iii) University’s standing in the Accreditation list made officially or by any recognized private body, and
(iv) any other information that the Bar Council of India may prescribe from time to time and subject to inspection by the Bar Council of India of the University, if necessary.

(III) The matter shall be placed before the Legal Education Committee with all details and Legal Education Committee shall recommend to the Bar Council of India.

(IV) Legal Education Committee may make any other enquiry as may be needed to recommend the University whose degree in law shall be recognized for the purpose of application under Rule 37.

40. Standard test for recognition

Recognition of Degree in law of a foreign University for the purpose of enrolment as Advocate in India would depend on the following criteria of standards that:

(i) The degree in law shall be a second stage degree offered either after graduation from an approved University by the Bar Council of India for the purpose of admission in the course leading to Degree in Law in the Foreign University concerned; or shall be an integrated program offered after 10+2 or 11+1 school education.

(ii) The course leading to the Degree in Law in the Foreign University (hereinafter mentioned as The course) concerned shall be at least for three years’ duration if taken after graduation in the manner stated above, or shall be at least for five years’ duration if undertaken in a integrated program as mentioned above.

(iii) The course shall be a regular course of study undertaken in a University or Centre of Legal Education affiliated to a University, as the case may be.

(iv) The course shall contain, mutatis mutandis, subjects of studies, which are prescribed as compulsory subjects, by the Bar Council of India on recommendation of the Centres of Legal Education from time to time, in the LL.B. program of a recognized University in India for the purpose of enrolment.