New BCI rules which Abolished 1 Year LL.M Courses In India has been challenged in the Top court:
The petitioner moved the apex court challenging the BCI order which abolishes the one-year LLM courses in India. Petitioner argued that the amendments made by the Rules are in violation of her right to practice profession under the Constitution of India and that there is no reasonable justification on the part of BCI to abolish the 1 year LLM course. Other concerns arise by the petitioner is regarding the absence of power with the BCI in regulating the rules of higher legal education in India as the same rests within the jurisdiction of UGC.
Moreover, the petition filed through Advocate Rahul Bhandari states that the Rules are in violation of the provisions of Advocates Act, 1961. Petitioner Tamanna Chandan also claims that the order violates her fundamental right to education.
The new Bar Council of India Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical, and other Continuing Education) Rules, 2020, abolished One year Master Degree in Law (LL.M.) in India.A Master Degree Program in Law of one-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 rules provide that the post-graduate course in law leading to a Master’s degree, in short, LL.M. has to be of two years’ duration spreading over four semesters. Further, the LL.M. course is restricted to only graduates in law.