The decision of the Bar Council of India regarding the one year LL.M has been challenged by two individuals already. Now, a consortium of National Law Universities have been moved to the Supreme Court against this contentious decision to scrap the one year LL.M course. Also, the BCI decision derecognizes the foreign LL.M. The bench has been adjourned the matter for interim relief.
The BCI new guidelines mandated that post-graduates students should go through a 2 year LL.M course and they scrapped the 1 year LL.M course. The rules were notified on January 4th in the Official Gazette. The power exercised by the BCI is derogation of law and they contended that there was absence of jurisdiction. The consortium submitted that there was a gross misunderstanding of the Advocates Act. The decision was taken without consulting any of the Universities. The contention was that already 5000 applications were received by the universities for the admission of 1yr LL.M course.
The new rules are in violation of the right to practice profession and it affects the liberty to choose quality education. It is also submitted that the BCI does not have jurisdiction to decide about higher education in the field of law, only the exert body like Grants Commission has such jurisdiction. Therefore, it was claimed that it was against the Advocates act.