A PIL in the Supreme Court challenges the unreasonable 5-year B. Law course, alleging it was set under pressure from private college managements. It seeks a review of the curriculum and course duration by the Legal Education Commission.
New Delhi: A Public Interest Litigation (PIL) has been filed with the Supreme Court, seeking directives for the establishment of a Legal Education Commission.
The purpose of this commission would be to review the curriculum and duration of both Bachelor of Laws (LLB) and Master of Laws (LLM) courses.
The petition was filed by advocate Ashwini Kumar Upadhyay, who is also a leader within the Bharatiya Janata Party (BJP).
Upadhyay argues that while the National Education Policy (NEP) 2020 encourages four-year graduation programs across all professional and academic fields, the Bar Council of India (BCI) has yet to take action to review the LLB and LLM programs.
He contends that the extended duration of the five-year course appears to be primarily motivated by financial gain.
Upadhyay argues in the petition,
“The unreasonable 5 years B. Law Course has been set under the pressure of private college management so as to make the most amount of money they could from the course. The Course fee of Private Law Colleges and even the National Law Universities is exorbitant and lower as well as middle class students find it very difficult to pursue Law with such exorbitant fees structure and that too for 05 years. Students not only pay too much but also lose too much of their precious time due to such a lengthy course,”
The plea emphasizes that prominent legal figures such as Ram Jethmalani and Fali Nariman achieved success without being constrained by inflexible systems.
It states,
“If late Sh. Ram Jethmalani can become a legend of the bar by starting his law career in just 17 years, then why should the youth waste 01 additional years of their life in the 05 years integrated course and not start their career from a younger age of 20-21 years? It’s not that starting early is a sine qua non for success but it is certainly helpful for bright students. Ex-Law minister, late Sh. Jethmalani, completed his Law at the age of 17 years and started Law firm at the age of 18. Was there any 5 years Law Course to bar the progress and obscure the vision? There was none. The eminent jurist and former Attorney general late Sh. Fali Nariman completed 03 years law after 12th at the age of 21 years. There are numerous examples of prodigies not being encumbered by a rigid system which focuses more on being the jack of all rather than being the master of one,”
Upadhyay expresses concern that the Central government has not yet established a Legal Education Commission for law courses, similar to the Medical Education Commission.
He also notes that the Bar Council of India has not formed an expert committee to review the subjects and duration of legal courses, in accordance with the New Education Policy 2020.
Therefore, he urges the Court to direct the Central government to establish a Legal Education Commission or an expert committee, comprising eminent educationists, jurists, retired judges, advocates, and professors, to review the syllabus, curriculum, and duration of the LLB and LLM courses, ensuring they align with current needs.
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