CJI Suggests Practicing After High School as SC Upholds 5-Year LLB

 

The Supreme Court rejected a petition urging the Centre and the Bar Council of India to establish an expert committee to evaluate the possibility of introducing a three-year Bachelor of Law Course following the 12th standard, similar to BSc, BCom, and BA programs, instead of the existing five-year course.

Chief Justice D Y Chandrachud and Justice JB Pardiwala stated that the existing five-year LLB course is functioning effectively and sees no necessity for alteration.

The Chief Justice of India remarked, ‘The plea is allowed to be withdrawn,’ following arguments presented by senior advocate Vikas Singh, representing lawyer petitioner Ashwini Upadhyay.

Questioning the necessity of a three-year course, the CJI remarked, ‘Why have a three-year course at all? They can start practicing law straight after high school!’ He further commented that five years seems ‘also less’.

The Chief Justice of India highlighted that during his time, it required six years to obtain a law degree, comprising three years for graduation and an additional three years for the LLB degree.

Senior advocate Vikas Singh, representing PIL petitioner advocate Ashwini Kumar Upadhyay, argued that the five-year course acted as a deterrent for girls and students from economically disadvantaged backgrounds.

Disagreeing with the assertions, the CJI pointed out that 70 percent of entrants into the district judiciary were women this time, indicating an increasing number of girls pursuing law.

Singh requested permission to withdraw the PIL with the liberty to present a representation to the BCI on this matter. However, the bench declined this request and allowed only the withdrawal of the PIL.

The PIL, filed by lawyer Ashwani Dubey, had urged the BCI and the Centre to establish an expert committee to assess the viability of implementing a three-year LLB course.

Currently, students can enroll in a five-year integrated law course after completing class 12 via the Common Law Admission Test (CLAT), which is conducted by the leading National Law Universities (NLUs). Alternatively, students can pursue a three-year LLB course after obtaining a bachelor’s degree in any discipline.