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
SCHEDULE II
Academic standards and Courses to be studied
- Medium of instruction: English shall be the medium of instruction in both the
integrated five year and three year courses. However if any University and its
any CLE allows in full or in part instruction in any language other than English
or allows the students to answer the test papers in the periodical and final semester tests in any regional language other than English, the students have to
take English as a compulsory paper.
- University’s responsibility: A University is free to design its academic
program under LL.B. and LL.B. Honours course as well as program under the integrated degree program in Bachelor degree component as well as the LL.B.
component with or / and without Honours course. However, LL.B. courses shall
include the courses as stipulated under this schedule.
- Total subjects in Liberal discipline in integrated stream: In integrated stream
of Arts & Law, Science & Law, Management & Law, Commerce & Law, etc as the
case may be, one has to take one major subject and two minor subjects or such
number of compulsory paper/subject and such optional with or without
Honours in Law, as the case may be, from the specified area in addition to
English, as may be prescribed by the University concerned..
The syllabus has to be comparable to the syllabus prescribed by leading
Universities in India in three year Bachelor degree program in BA, B.Sc, B.Com, BBA etc taking into account the standard prescribed by the UGC/AICTE or any
other respective authority for any stream of education.
- Total Number of papers (subjects) in law to be offered in both the streams
as under:
Law subjects (papers) in both the streams
(a) For regular law courses either in the three years’ unitary stream or under
the integrated double degree stream, students have to take not less than twenty
eight papers (subject) in all, which shall include eighteen compulsory papers,
four clinical papers and six optional papers from among the list of optional
papers under this Schedule and also of any additional papers prescribed by the
University from time to time.
(b) For specialized and / or honours course, a student has to take not less
than thirty six papers in all, which shall include eighteen compulsory papers, four clinical papers, six optional papers and eight papers in specialized/honours
course in any Group as stipulated below. However if eight papers are taken from
multiple of groups, honours can be given in general law without mentioning any
specialization.
Example: “A” has taken eight honours papers selected as follows: two from
Constitutional Law, three from Business Law, one from International Law and
two from International Trade Law, his Honours shall be in Law. “B” takes eight
papers from Constitutional Law group, his honours shall be mentioned in
Constitutional Law.
- Curriculum Development Committee (CDC): The Bar Council of India may,
from time to time, appoint Curriculum Development Committee (CDC) to design various courses in both liberal discipline and law. The CDC in designing
such courses shall, with benefit, take into account the Report on various subjects
submitted to UGC or AICTE by its Curriculum Design Committees. Universities
are free to use the CDC Report of UGC/AICTE in liberal disciplines including
science, arts, fine arts, commerce, management, engineering, technology and
other branches of knowledge, in designing the integrated course in Law and
Arts, Law and Science, Law and Finance, Law and Commerce, Law and
Engineering, Law and Management etc. as the case may be.
- Course outline in the two streams of Legal Education:
Part I: Courses in liberal discipline in Integrated Five Year Course:
(1) Undergraduate course-component for integrated Five Years’ course:
(a) In Social Science and Language (For B.A., LL.B.): One major subject with
two minor, besides, English is compulsory subject. Students are expected to learn
at least one Foreign or Indian Language. There shall be 6 papers in major and
three papers each in minor and in languages.
Example: One can take Philosophy as major with political Science and
Sociology as minor. One can take Economics as major and Political Science and
Mathematics as minor. Similarly one can take English as major and Political
Science and History as minor, so on so forth. However in the initial years the
choice of subjects may be restricted. In the current years courses offered would
be Economics, Political Science, Philosophy, Journalism & Mass Communication
and History. English can also be taken as major. Other languages offered shall be
notified at the time of admission. It is advised that the University follow the
Curriculum Development Committee Report of UGC, if it is there, in designing
the course and stipulate the standard.
(b) In Science (For B. Sc, LL.B.): Major and minor papers shall be in science
subjects offered. Provision for language shall remain same. In the current year
subjects offered are Physics, Chemistry, Bio-Science, Mathematics,
Environmental Science and Geological Science. Choice can be restricted on the
availability of faculty. It is advised that the University follow the Curriculum
Development Committee Report of UGC, if it is there, in designing the course
and stipulate the standard.
(c) Business Management (For BBA, LL.B.) Major and Minor subjects or
Compulsory and Optional subjects/ papers may be taken from the following
papers/ subjects such as Business Communication, Business Mathematics,
Quantitative Analysis, Business Statistics, Business Environment, Accounts and
Finance, Management Theory and Practice, Human Resource Management, and
Marketing Management. Language policy shall remain same. However one can
take English as major or minor, where there is a system of major and minor, with
other management subjects. University are advised to design the course looking
into the course and standard prescription, if any by AICTE or UGC as the case
may be.
(d) In Commerce (leading to B.Com, LL.B.: Major and minor courses are to
be selected from the list of subjects like Accounts, Advanced Accounting,
Secretarial Practice, Business Administration, Management Accounting, Audit
Practice etc. It is advised that the University follow the Curriculum Development
Committee Report of UGC, if it is there, in designing the course and stipulate the
standard.
The syllabus has to be comparable to the syllabus prescribed by leading
Universities in India in three year bachelor degree program in BA, B.Sc,
B.Com, BBA etc taking into account the standard prescribed by the UGC/AICTE and any other respective authority for any stream of education.
Part II: (Law papers common to both the streams)
(A) Compulsory subjects in legal education component in both the streams
(Paper 1 to 20) University is free to design any subject in one or more than
one papers where more papers are not stipulated:
1. Jurisprudence (Legal method, Indian legal system, and basic theory of
law).
2. Law of Contract
3. Special Contract
4. Law of Tort including MV Accident and Consumer Protection Laws
5. & 6. Family Law (2 papers)
7. Law of Crimes Paper I : Penal Code
8. Law of Crime Paper II :Criminal Procedure Code
9. & 10. Constitutional Law (two papers)
11. Property Law
12. Law of Evidence
13. Civil Procedure Code and Limitation Act
14. Administrative Law
15. Company Law
16. Public International Law
17. Principles of Taxation Law
18. Environmental Law
19. & 20. Labour and Industrial Law (2 papers)
Part II:
(B) Compulsory Clinical Courses (Papers 21 to 24 as following):
21. Drafting, Pleading and Conveyance
Outline of the course:
(a) Drafting:- General principles of drafting and
relevant substantive rules shall be taught.
(b) Pleadings: -
(i) Civil: Plaint, Written Statement, Interlocutory Application,
Original Petition, Affidavit, Execution Petition, Memorandum
of Appeal and Revision, Petition under Article 226 and 32 of
the Constitution of India.
(ii) Criminal: Complaint, Criminal Miscellaneous petition, Bail
Application, Memorandum of Appeal and Revision.
(iii) Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift
Deed, Promissory Note, Power of Attorney, Will, Trust Deed
(iv) Drafting of writ petition and PIL petition
The course will be taught class instructions and simulation exercises,
preferably with assistance of practising lawyers/retired judges.
Apart from teaching the relevant provisions of law, the course may
include not less than 15 practical exercises in drafting carrying a total of
45 marks (3 marks for each) and 15 exercises in conveyanceing carrying
another 45 marks (3 marks for each exercise) remaining 10 marks will
be given for viva voice.
22. Professional Ethics & Professional Accounting system
Outline of the course: Professional Ethics, Accountancy for Lawyers
and Bar-Bench Relations.
This course will be taught in association with practising lawyers on the
basis of the following materials.
(i) Mr. Krishnamurthy Iyer’s book on “Advocacy”
(ii) The Contempt Law and Practice
(iii) The Bar Council Code of Ethics
(iv) 50 selected opinions of the Disciplinary Committees of Bar
Councils and 10 major judgments of the Supreme Court on the
subject
(v) Other reading materials as may be prescribed by the University
Examination rules of the University shall include assessment through
case-study, viva, and periodical problem solution besides the written
tests.
23. Alternate Dispute Resolution
Outline of the course:
(i) Negotiation skills to be learned with simulated program
(j) Conciliation skills
(k) Arbitration Law and Practice including International arbitration
and Arbitration rules.
The course is required to be conducted by senior legal practitioners
through simulation and case studies. Evaluation may also be conducted
in practical exercises at least for a significant part of evaluation.
24. Moot court exercise and Internship:
This paper may have three components of 30 marks each and a viva for
10 marks.
(a) Moot Court (30 Marks). Every student may be required to do at
least three moot courts in a year with 10 marks for each. The moot
court work will be on assigned problem and it will be evaluated for
5 marks for written submissions and 5 marks for oral advocacy.
(b) Observance of Trial in two cases, one Civil and one Criminal (30
marks):
Students may be required to attend two trials in the course of the
last two or three years of LL.B. studies. They will maintain a record
and enter the various steps observed during their attendance on
different days in the court assignment. This scheme will carry 30
marks.
(c) Interviewing techniques and Pre-trial preparations and Internship
diary (30 marks):
Each student will observe two interviewing sessions of clients at
the Lawyer’s Office/Legal Aid Office and record the proceedings
in a diary, which will carry 15 marks. Each student will further observe the preparation of documents and court papers by the
Advocate and the procedure for the filing of the suit/petition. This
will be recorded in the diary, which will carry 15 marks.
(d) The fourth component of this paper will be Viva Voce examination
on all the above three aspects. This will carry 10 marks.
Part II
(C): Not less than six papers from any of the following groups (paper 25
to 30 ) However a University is free to take only a few common options for the
purpose of LL.B. course without any specialization:
Constitutional Law Group
- Legal Philosophy including theory of Justice
- Indian Federalism
- Affirmative Action and Discriminative Justice
- Comparative Constitution
- Human Right Law and Practice
- Gender Justice and Feminist Jurisprudence
- Fiscal Responsibility & Management
- Local Self Government including Panchayet Administration
- Right to Information
- Civil Society & Public grievance
- Government Accounts & Audit
- Law on Education
- Media & Law
- Health Law
- Citizenship & Emigration Law
- Interpretation of Statutes and Principle of Legislation
- Legislative drafting
Business Law Group
- Law and Economics
- Banking Law
- Investment Law
- Financial Market Regulation
- Foreign Trade
- Law of Carriage
- Transportation Law
- Insurance Law
- Bankruptcy & Insolvency
- Corporate Governance
- Merger & Acquisition
- Competition Law
- Information Technology Law
- Direct Taxation
- Indirect Taxation
- Equity and Trust
- Law on Project Finance
- Law on Corporate Finance
- Law on Infrastructure Development
- Special Contract
International Trade Law
- International Trade Economics
- General Agreement on Tariff & Trade
- Double Taxation
- Dumping and Countervailing Duty
- Trade in Services & Emigration Law
- Cross Border Investment
- Agriculture
- Dispute Resolution
- International Monetary Fund
- Trade in Intellectual Property
- International Banking & Finance
Crime & Criminology
- Criminal Psychology
- Forensic Science
- International Criminal Law
- Prison Administration
- Penology & Victimology
- Offences Against Child & Juvenile Offence
- Women & Criminal Law
- IT Offences
- Probation and Parole
- Criminal Sociology
- Comparative Criminal Procedure
- Financial and Systemic Fraud
- White Color Crime
International Law
- International Organization
- International Human Rights
- Private International Law
- International Environmental Law
- IMF & World Bank
- Regional Agreement & Regionalization
- Uncitral Model Codes
- International Labour Organization & Labour Laws
- International Dispute Resolution Bodies
- Maritime Law
- Law of the Sea and International River
- Humanitarian and Refugee Law
- International Criminal Law and International Criminal Court
Law & Agriculture
- Land Laws including Tenure & Tenancy system
- Law on Agriculture Infrastructure: seed, water, fertilizer, pesticide etc.
- Law on Agricultural Finance
- Law on Agricultural Labour
- Agricultural Marketing
- Farming & Cultivation
- Farmer and Breeders’ Right
- Cooperative and Corporatization of Agriculture
- Dispute Resolution and Legal aid
- Agricultural Insurance
- Law on SMEs on agricultural processing and rural industry
Intellectual Property Law
- Patent Right creation and Registration
- Patent Drafting and Specification Writing
- IPR Management
- Copyright
- Trade Mark and Design
- Trade Secret and Technology transfer
- Other Forms of IPR creation and registration
- IPR Litigation
- IPR Transactions
- Life Patent
- Farmers and Breeders right
- Bio Diversity protection
- Information Technology
- IPR in Pharma Industry
- IPR in SMEs
University’s power for additional subject/group:
Provided that a University/ School may add to the above list of subjects as
well as a New Group of subject specialization with such papers as may be
stipulated from time to time. Students in the general law course have to take not
less than six papers from any three or more groups.
Part III (Only For Honours course in Law)
In case of specialization or honours in any group, one has to take at least
eight papers from one group over and above six optional papers in other groups (Papers 29 to 36).
Freedom to University
University may restrict Groups and/or subjects in a group for offering
options based on availability of faculty and other facilities..
Example:
A University may follow the outline of the following course design (in
integrated course)
First Semester : 20 weeks
- General English
- Major Subject in BA/BSc/B.Com/BBA etc (Paper 1)
- Minor I (Paper 1)
- Minor II (Paper 1)
- Law of Tort
- Law of General Contract
Second Semester : 20 weeks
- English Literature
- Major Subject (Paper 2)
- Minor 1 (Paper 2)
- Minor II (Paper 2)
- Constitutional law of India
- Legal Method
| The arrangement of subjects in 5 years’ integrated course shall be as follows: |
| First Semester: |
4 (First degree papers) |
+ 2 (Law papers) |
| Second Semester |
4 (do) |
+ 2 (do) |
| Third Semester |
3 (do) |
+ 3 (do) |
| Fourth Semester |
3 (do) |
+ 3 (do) |
| Fifth Semester |
2 (do) |
+ 4 (do) |
| Sixth Semester |
2 (do) |
+ 4 (do) |
| Seventh Semester |
1 (do) |
+ 4 (do) |
| Eighth Semester |
1 (do) |
+ 4 (do) |
| Ninth Semester |
5 (do) |
|
| Tenth Semester |
5 (do) |
|
| 20 papers (including honours papers) |
36 papers (including honours papers) |
# For Pass course one has to offer only
14 papers in liberal discipline and 28 courses in Law
Three Year Course
First Semester:
Law of Tort, General Contract, Constitutional Law, Property
Law, Indian Penal Code
Second Semester:
Special Contract, Administrative Law, Family Law -1,
Criminal Procedure Code, Civil Procedure Code, Evidence Law
Detailed course design may be supplied during admission.
|
