BCI Forms High-Level Committee to Examine LLM Degree Equivalency

The Bar Council of India (BCI) has decided to form a high-level committee, led by a former Chief Justice of India, to examine and recommend a framework to equate one-year and two-year LLM degrees. The committee will include academicians from National Law Universities, Central and State universities, private law schools, and affiliated law colleges.

Committee Mandate

The BCI said that the mandate of the Committee "will include reviewing and recommending frameworks for equivalency between one-year and two-year LL.M. degrees, designing appropriate structures for pedagogical training, harmonizing postgraduate curricula, and identifying mechanisms to ensure nationwide compliance with minimum academic and teaching standards."

The BCI added that a distinguished academician will serve as the Co-Convenor alongside the former CJI. The Committee is expected to be set up soon.

Stakeholder Meeting and Supreme Court Direction

The decision was taken after a joint stakeholder meeting held by the BCI on April 22, which was chaired by the President of NLU Consortium, Professor (Dr) VC Vivekanandan, VC of HNLU and was attended by VCs, Deans, and senior faculty members of various NLUs, State universities, and colleges. The meeting was held following the direction issued by the Supreme Court on February 11. The Supreme Court had expressed concerns regarding the BCI's mandate that one-year LL.M. degree holders should undergo one year of teaching experience for their LL.M. degrees to be recognised.

NLUs' Support and Proposals for 1-Year LLM Programme

In the meeting, several NLUs reiterated their support for the continuation of a one-year LLM programme but stressed the need to enhance its rigour and academic depth. Many proposed that pedagogical training be embedded within the 1-year program itself. However, this proposal was opposed by some, who opined that this might make the 1-year program unviable and students would ultimately prefer a 2-year LLM program.

Supreme Court’s Role and BCI’s Legal Education Rules

The Supreme Court is currently hearing challenges to the BCI's Legal Education Rules, 2020, which state that a one-year LLM degree from a foreign university will not be recognized as equivalent to an Indian LLM unless the individual completes a year of teaching as a visiting or clinical faculty member.

In March 2021, BCI undertook before the Court that the Rules abolishing the 1-Year LL.M. programme, namely the Bar Council of Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical, and other Continuing Education) Rules, 2020, would not be implemented in 2021. Subsequently, certain circulars/notifications were issued which narrowed the scope of the controversy but necessitated teaching experience for 1-year LLM degree holders.

Requirements for Teaching Positions

The BCI decided that one-year LLM degrees would only be considered equivalent to two-year degrees for teaching positions if the candidate completed a six-month teacher training program. For senior academic roles like Associate Professor or Professor, an additional six months of training was suggested, even for those with a PhD.