A petition was filed in the Supreme Court which challenged the recent notification which was released by the Bar Council of India to abolish the 1 year LLM Courses in India.
The petitioner, Tamanna Chandan Chachlani is a law student, who went ahead and challenged the Bar Council of India Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical, and other Continuing Education) Rules, 2020. The petition states that the new notification as per the new BCI rules violates her Right to Education which is given to every citizen of India as a part of the Fundamental Rights.
The petition in the present case was filed through Advocate Rahul Bhandari, which also stated that the said rules are in violation of the provisions under the Advocates Act, 1961.
The petitioner claims that the amendments made by the Rules are in violation of her Right to Practice any Profession under the Constitution of India and further stated that no reasonable justification has been given by the Bar Council of India regarding the notification about abolishing the 1 year LLM Course.
The petition further raises the argument regarding the absence of power with the BCI in regulating the rules of Higher Legal Education in India since the power rests with the University Grants Commission as well.
Brief Facts about the notification
“A Master Degree Program in Law of 1-year duration introduced in India in 2013 (as per notification) by the University Grants Commission 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, the new rule states. These Rules shall come into force from the date notified by the Bar Council of India.”
The new Bar Council of India Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical, and other continuing Education) Rules, 2020, seeks to abolish One-year Degree in Law (LL.M) in India. The rules provide that the post-graduation course in Law which will lead to a Master’s degree, in short, LLM. Is supposed to be of two years’ duration spreading over four semesters.
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