The Bar Council of India (BCI) has implemented stringent measures to uphold the standards and integrity of legal education in the country. An official consultation has been released to curb the increasing trend of offering LLM (Master of Laws) courses through online, distance, or hybrid formats without proper authorization. This document emphasizes BCI's position as the exclusive regulatory authority for legal education and mandates that all institutions adhere to the established legal and educational guidelines.
Justice Rajendra Menon, a former Chief Justice of the Delhi High Court and Co-Chairman of the Standing Committee on Legal Education, has prepared this consultation paper. It has been distributed to the Registrar Generals of the Supreme Court of India and all High Courts, as well as to universities and state bar councils nationwide, urging them to take prompt and necessary actions.
The consultation underscores the importance of adhering to the Supreme Court's rulings, the UGC's Open and Distance Learning Regulations of 2020, and BCI's Law Education Rules from 2008 and 2020. It is essential to obtain BCI's approval before launching any LLM program outside the conventional educational framework. Unauthorized courses can compromise the quality, consistency, and official recognition of legal education throughout India.
The letter highlights that numerous institutions are offering programs labeled as 'LL.M. (Professional)', 'Executive LLM', or 'M.Sc. in Cyber Law' without BCI's prior consent. This not only misleads students but also contravenes Supreme Court directives, thereby diminishing educational standards.
BCI reiterated that, according to the Advocates Act of 1961, it holds the exclusive authority to oversee law courses in India. The UGC or any independent body cannot autonomously validate LLM programs.
Furthermore, the Council pointed out that since an LL.M. is the minimum qualification required to teach law, any compromise in quality or breach of regulations at this level directly impacts the legal profession.
BCI has urged High Courts to take serious note of this matter and refrain from recognizing degrees obtained from such unauthorized courses for job appointments or promotions. Institutions and individuals must provide evidence of BCI approval to ensure compliance.
To safeguard student interests and maintain public trust, BCI plans to issue a public advisory against enrolling in these illegal courses. Additionally, there are intentions to pursue contempt and other legal actions against institutions that fail to comply with these regulations.