For the uninitiated, there are two
modes of access to legal education, namely a 5-year Integrated Dual Degree
programme which can be pursued after passing class 12th and a 3-year
full time LL.B degree programme which can be pursued after obtaining Bachelors’
Degree in any field. While there is an age bar of 21 years for the former and
has in the recent years gained popularity amongst students, there is no age bar
on the latter and is offered by limited Universities, making it less preferable
for the students in comparison to the former.
University
of Delhi is one of the few Universities in the country which offers 3-year
full-time LL.B Degree. University’s Faculty of Law comprises of Campus Law
Centre and Law Centre – I which function from the main campus area in New Delhi
in the morning and afternoon respectively, and Law Centre – II, which is
currently operating in evening from an off-campus college affiliated to
University of Delhi. Recently Bar Council of India (BCI), making use of powers
conferred to it by the Advocates’ Act, 1961,
de-recognised Faculty of Law, University of Delhi, making it incapable of
imparting legal education to its students. The grounds of de-recognition were, inter
alia, the timings of Law Centre – II, which operated from 5.30 pm to 8.30 pm
six days a week. BCI in its adverse report clearly stated that the University
has flouted Rule 5, Schedule III of
Rules of Legal Education, 2008, (General
timing for conduction of courses in Academic Building), which reads as
follows :
“Classes may be conducted between 8 a.m. to 7 p.m. in an Institution,
which is not fully residential. However the Library may remain open till 10
p.m.”
In interest
of students, the University, for the academic batch of year 2016-19 and onwards,
has taken note of the same, and has changed the timings of Law Centre – II to
8.30 am to 1.30 pm and also made it function from the newly constructed building
of Faculty of Law in the main campus. BCI, in view of above compliance, has
provided one-time relaxation for the students for the academic batch of years
2014-17 and 2015-18, meaning thereby that these 2 batches with function from
the old off-campus college building and the timings will remain 5.30 pm to 8.30
pm.
While the new arrangement
apparently clears the deadlock between the University and BCI, it has created
more problems than one for the stakeholders at Law Centre – II. The new batch functions
in the morning in the main campus while 2nd and 3rd year
students still function from off campus building in the evening, making it
difficult for the teachers and official staff to manage two places. Even students
are left with limited options of interaction and it is still to be seen how
extra-curricular activities take place at two places at the same time.
Section 24 of The Advocates Act, 1961, inter alia,
states that a person who has obtained a degree in law from any University in
India or from any University outside the territory of India, recognised by Bar
Council of India, is entitled to be admitted as an advocate, subject to fulfilment
of other requirements as laid down in the section. Easily comprehended from the
above, valid recognition of a University/College from BCI is the most important
requisite for admission of a person as an advocate. However, many renowned
Universities and Colleges are now being derecognised by BCI on one pretext or
the other, leaving the future of thousands of students in the dark.
It is not only
University of Delhi, but also Government Law College and other law schools in
Mumbai, Kerala and Chennai which have come under the axe. The news of not just
one, but several of them of such high repute getting de-recognised by BCI makes
us doubt the autonomy of BCI, and more so because these law schools are functioning
from much earlier than when BCI came into existence, and has produced so many
eminent personalities which now contribute for the betterment of the nation.
There have been numerous petitions
filed in the court of law which question the autonomy of BCI in this regard.
Apart from Wali Nawaz Khan and Ors. v. Bar Council of India and Anr. [W.P. (C) 7650/2016] in the High Court
of Delhi, which challenges the constitutional validity of Rule 5, Schedule III of Rules of Legal Education, 2008, there are
several other petitions filed before the High Courts of other states which
challenge the validity of powers conferred to Bar Council of India with regard
to inspection of law schools and other rules laid down by BCI. However, there
is still a long time to go before new rules of land are laid in this regard. What
was formed to uphold the standard of legal education in India has now become
autonomous regulatory body which has been on the de-recognition spree without looking
into the ground reality. At time where numerous seats in Judiciary and legal
education sector are lying vacant, there is a need to boost the legal education
and not demoralise students from pursuing law by putting them in constant fear
that the University they are pursuing the law degree from is no more competent
enough to impart them education.
It is to be noted that a degree in
law is preferred not only by undergraduate students who want to make a career
in litigation and judiciary, but also by people who want to complement their
already chosen career path. Ignorance of law is no excuse in India, and a lot
of engineers, medical practitioners and civil servants choose to study law
after they have already graduated in their respective education fields simply
to gain knowledge of the law, if not for anything else. Moreover, since there
is no upper age bar for an advocate, there shouldn’t be an upper age bar to
study law either. People should in fact be encouraged to study law to become
aware about the politico-legal scenario prevalent in the country. A 3-year
degree in law is essentially a post-graduate degree and while the idea of
studying law through correspondence is not propagated, BCI should take note of
the fact that like many other post-graduate degrees, people can manage their
day jobs and education at the same time. In an era where night schools are
opened and promoted to provide easy access to education to even those who are
underprivileged, closing down of evening law colleges is against the very
vision of India as a superpower.
SOURCES:
The Advocates’ Act, 1961;
Case Material on Jurisprudence – I: Legal
Method, Indian Legal System and Basic Theory of Law, Faculty of Law, University
of Delhi;
http://barandbench.com/pil-completely-change-bar-council-indias-powers-legal-education/