Rules of Legal Education
Rules on standards of legal education and recognition of degrees in law for the purpose of enrolment as advocate and inspection of Universities for recognizing its degree in law
under Sections 7(1)(h) and (i), 24(1)(c)(iii), and (iiia), 49(1)(af),(ag),and (d) of the
Advocates Act, 1961 made by the Bar Council of India in consultation with
Universities and State Bar Councils
CHAPTER I Preliminaries and Definitions
Provided that a Department or College or Institution conducting correspondence courses through distance education shall not be included.
or an integrated bachelor degree combining the course of a first bachelor degree in any subject and also the law running together in concert and compression for not less than a period of five years after 10+2 or 11+1 courses as the case may be.
Provided that as and when the Bar Council India communicates to the University for the purpose of inspection, the University shall also direct the concerned officer in charge of Inspection of Centre of Legal Education to instruct all persons concerned for facilitating the Inspection by the inspection team of the Bar Council of India.
CHAPTER II
Standards of Professional Legal Education
The State Bar Council shall enroll as Advocate only such candidates, who have passed from University, approved affiliated Centre of Legal Education / Departments of the recognized University as approved by the Bar Council of India. The Bar Council of India shall notify a list of such Universities and the Centres of Legal Education prior to the commencement of each academic year in the prescribed manner and also put in website of Bar Council of India a list of universities and Centres of Legal Education as amended from time to time. Each State Bar Council shall ensure that applicants passing out from such a recognized Universities and of its approved affiliated law Centre of Legal Education are enrolled.
There shall be two courses of law leading to Bachelors Degree in Law as hereunder,
Provided that admission to such a course of study for a degree in law is obtained from a University whose degree in law is recognized by the Bar Council of India for the purpose of enrolment.
Provided that such an integrated degree program in law of the University is recognized by the Bar Council of India for the purpose of enrolment.
Provided further that in the case of integrated double degree course the entire double degree course can be completed in one year less than the total time for regularly completing the two courses one after the other in regular and immediate succession, meaning thereby, that if the degree course in the basic discipline, such as in Arts, Science, Social Science, Commerce, Management, Fine Arts, Engineering, Technology or medicine etc. is of three years’ duration of studies, integrated course in law with the basic degree in the discipline could be completed in five years’ time but where the degree course in basic discipline takes four or five years, the integrated degree in law with such degree course in the discipline would take one year less for completing in regular time than the total time taken for the two degrees taken separately if completed back to back.
Explanation 1: Double degree integrated course such as BA., LL.B. can be completed within (3+3 –1) i.e. 5 years. But if one intends to do B.Tech., LL.B. it can be done in (4+3-1) i.e., 6 years.
Explanation 2: Suppose in a University one can have a two years’ graduation in any social science leading to BA degree, in that case also the composite double degree integrated course leading to BA, LL.B. would be of five years duration because double degree integrated course cannot be of less than five years’ duration.
5. Eligibility for admission:
Provided that applicants who have obtained + 2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the Integrated Five Years course or three years’ LL.B. course, as the case may be.
Explanation: The applicants who have obtained 10 + 2 or graduation / post graduation through open Universities system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law courses.
No student shall be allowed to simultaneously register for a law degree program with any other graduate or postgraduate or certificate course run by the same or any other University or an Institute for academic or professional learning excepting in the integrated degree program of the same institution.
Provided that any short period part time certificate course on language, computer science or computer application of an Institute or any course run by a Centre for Distance Learning of a University however, shall be excepted.
Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as +2 Examination in case of Integrated Five Years’ course or Degree course in any discipline for Three years’ LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams.
Provided that such a minimum qualifying marks shall not automatically entitle a person to get admission into an institution but only shall entitle the person concerned to fulfill other institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission.
Whereas all Universities and its constituent and affiliated Centres of Legal Education conducting either the three year law degree program or the integrated double degree program for not less than five years of study or both would follow the outline of the minimum number of law courses both theoretical and practical, compulsory and optional, as the case may be, prescribed by the Bar Council of India and specified in the Schedule II and ensuring that:-
Provided that the University for the said purpose shall submit to the Bar Council of India, copies of the curriculum designed and developed in each course of study, rules of academic discipline and of examination and evaluation and also the amendments to those as and when so amended.
The University concerned shall ensure that -
The course leading to either degree in law, unitary or on integrated double degree, shall be conducted in semester system in not less than 15 weeks for unitary degree course or not less than 18 weeks in double degree integrated course with not less than 30 class-hours per week including tutorials, moot room exercise and seminars provided there shall be at least 24 lecture hours per week.
Provided further that in case of specialized and/or honours law courses there shall be not less than 36 class-hours per week including seminar, moot court and tutorial classes and 30 minimum lecture hours per week.
Provided further that Universities are free to adopt trimester system with appropriate division of courses per trimester with each of the trimester not less than 12 weeks.
Any institution conducting legal education by running either of the law degree courses or both leading to conferment of graduate degree in law on successful completion of the course shall have minimum standard infrastructure facility stipulated by the Bar Council of India specified in Schedule III of these Rules.
The University shall ensure that all its Centres of Legal Education under the University maintain the standard infrastructure and other facilities for the students to suitably impart professional legal studies.
No student of any of the degree program shall be allowed to take the end semester test in a subject if the student concerned has not attended minimum of 70% of the classes held in the subject concerned as also the moot court room exercises, tutorials and practical training conducted in the subject taken together.
Provided that if a student for any exceptional reasons fail to attend 70% of the classes held in any subject, the Dean of the University or the Principal of the Centre of Legal Education , as the case may be, may allow the student to take the test if the student concerned attended at least 65% of the classes held in the subject concerned and attended 70% of classes in all the subjects taken together. The similar power shall rest with the Vice Chancellor or Director of a National Law University, or his authorized representative in the absence of the Dean of Law.
Provided further that a list of such students allowed to take the test with reasons recorded be forwarded to the Bar Council of India.
There shall be no lateral entry on the plea of graduation in any subject or exit by way of awarding a degree splitting the integrated double degree course, at any intermediary stage of integrated double degree course.
However, a University may permit any person to audit any subject or number of subjects by attending classes regularly and taking the test for obtaining a Certificate of participation from the University/ Faculty according to the rules prescribed by the University from time to time and give a Certificate therefore.
CHAPTER III
Inspection, Recognition and Accreditation
Provided that sufficient and adequate floor space area specially and completely devoted for a Centre of Legal Education, based on the size of its student population, faculty requirement, adequate space required for infrastructure facilities can be considered sufficient accommodation for the purpose in a multi-faculty building on land possessed by the Management of a Society/ Trust running multi-faculty institutions.
When a University proposes to run a professional degree course in law of either or both streams in its Faculty or Department or in any of its constituent College it shall ensure the minimum standards of requirement as prescribed and then shall in each proposal seek inspection by the team of inspection of the Bar Council of India by submission of application with all necessary information within the stipulated date notified by the Bar Council of India every year, in appropriate Form.
Provided that an application for a new proposal for affiliation and the related University inspection therefore by the Inspection Committee of the Bar Council of India, including the local enquiry at the site of the proposed College may be formally made directly by the authority of the proposed College (Faculty, University Department, Constituent or Centres of Legal Education as the case may be) in proper Form with required information and requisite fees provided that an advance copy of the application must be submitted to the University concerned, within the stipulated date as notified by the Bar Council of India.
Inspection shall mean inspection by the Inspection Committee of the Bar Council of India as any one of the following:
Provided that if a Law University is established by an Act passed by the Central or any State Legislature to run Law courses as specified and mandated in the statute, such a University may commence and run courses in the stipulated streams before any Initial Inspection. However such a University would require regular inspection and the first inspection shall be conducted within the first year of commencement of the courses.
The Bar Council of India shall constitute one or more inspection and monitoring Committee/s comprising at least two members of the Bar Council of India to conduct inspection of newly established or existing Universities.
The Bar Council of India may prescribe inspection fees to be charged from time to time from each institutional applicants for the purpose of conducting inspection
There may also be fees prescribed for inspection for providing accreditation of an institution. Such fees are provided in the Schedule IV of these rules and may be amended by Bar Council of India from time to time.
The Committee shall inspect the University, examine the documents and reports, visit the institution to assess the infrastructure, curriculum design, teaching and learning process, library and technical facilities and the feasibility of standard clinical education. The Committee shall then submit its report in the prescribed Form together with all relevant documents.
Members of the Committee shall physically inspect of the institution. The report has to be signed by the members of the committee inspecting, appreciating the findings, documentary, and physical, in a meeting of the committee, provided that the member not physically inspecting the institution may not sign the inspection report but may appreciate the findings and put his/her opinion.
The Secretary shall place the Inspection Report immediately before the meeting of the Legal Education Committee for its decision.
(a) In case of an adverse report received by the Secretary from the Inspection Committee he shall forthwith inform the Chairman of the Bar Council of India and on his instruction seek further clarification, if necessary.
(b)The Secretary shall cause a copy of the report to be sent to the Registrar of the University concerned and also to the Head of the Institution for further comments and explanations, if any. Such comments and explanations on the report shall be sent by the Registrar of the University within a period of six weeks from the date of the receipt of the communication.
(c) The Secretary shall cause the report and the comments/explanation of Registrar of the University and the head of the institution concerned to be placed before the next meeting of the Legal Education Committee of the Bar Council of India for its consideration.
The Legal Education Committee after reviewing the report and all other explanation, documents and representation, in person or in writing and in the interest of maintaining the standard of legal education in view under the rules recommend appropriate action to be taken on each such report to the Bar Council of India.
In case of withdrawal or revocation of approval of an institution it shall be effective from the commencement of the next academic year following the date on which the communication is received by the Registrar of the University.
The Bar Council of India on the recommendation of the Legal Education Committee shall instruct the Secretary to send a letter of approval of any one of the following type to the Head of the Institution as well as to the Registrar of the University:
The Bar Council of India may revoke the grant of a temporary or regular approval if the conditions on which the permission was granted are not substantially fulfilled. A regular permission may be cancelled on an adverse report of inspection.
Provided that in case of revocation of a temporary or regular approval, the Centre of Legal Education authority and the respective University shall be provided with an opportunity of hearing and rectifying the shortcomings within such time as the Legal Education Committee may prescribe. In the event of failure to rectify the shortcomings in the opinion of the Legal Education Committee within the stipulated time, the Legal Education Committee shall recommend revocation of approval to the Bar Council of India.
Provided further that in case of revocation or cancellation of approval, as the case may be, proper provisions have to be made for the students who are already enrolled for a law course during the time when the approval was valid either by allowing the Centre to complete the course with those who are already enrolled or direct the University concerned, if such continuance is not in the interest of professional legal education, to make alternative arrangement for those students in near by Centres of Legal Education under the University.
There shall be an accreditation and performance rating system for any institution having regular approval, based on State and/or National level gradation. Such performance grade may be used in all letter head, sign board, literature and publications, including prospectus and franchise materials of the institution.
The accreditation of performance once obtained shall remain valid for a period of five years.
The Legal Education Committee shall form an Accreditation Committee with at least one member, Bar Council of India and one academician who shall provide credit rating of the Universities and the law teaching institutions subjecting to this voluntary accredition, which would also be published and put into the website of the Bar Council of India for public information. The Legal Education Committee determine the norms of accreditation from time to time. The period of Accreditation Committee will be two years.
An application in hard and soft copy may be made to the Bar Council of India in the specification specified in Schedule IX depositing the fee by a bank draft as prescribed from time to time, in the name of the Bar Council of India within the notified date but not later than 31st July of each year.
The Legal Education Committee may determine the norms of accreditation from time to time in addition to or in supplementation of the following:
(a) faculty student ratio (b) system of detail curriculum development and teaching practice sessions (c) number of working days annually (d) number of working days lost with reasons (e) qualification of the faculty (f) class performances of the students and class records (g) system of clinical program and internship (h) evaluation system and record keeping (ix) student-computer ratio (i) on line library facility (j) capital investment of the institution per student (k) library investment per student (l) residential facility (m) outside the class hour of the faculty advice and interaction per student (n) career counseling opportunities (o) quality of the body of alumni (p) publication by faculty and students in journals (q) laboratory and moot court room exercise facilities (r) per student procurement of books and journals (s) class room environment (t) status of Free Legal Aid centre and legal literacy program run by the Centre of Legal Education and (u) any other information needed by the committee.
(x The committee may visit the institution after providing notice or without and can visit if required, more than once.
(xi) Data based analysis shall be communicated to the institution before rating begins for further observation and supplementary information, if required.
The institution shall provide all information required and all copies of documents and facilities to the accreditation committee. Facility has to be provided so that the committee may meet management, faculty members, staff and the students and record their comments, if needed.
Every University / Centre of Legal Education shall take appropriate measures to prevent ragging in any form with a standing Committee appointed for the purpose from among faculty and student representation.
In case of occurrence of any incident of ragging the violator shall be dealt with very seriously and appropriate stringent action be taken.
CHAPTER IV
Directorate of Legal Education
The Bar Council of India shall establish a Directorate of Education for the purpose of organizing, running, conducting, holding, and administering (a) Continuing Legal education, (b) Teachers training, (c) Advanced specialized professional courses, (d) Education program for Indian students seeking registration after obtaining Law Degree from a Foreign University, (e) Research on professional Legal Education and Standardization, (f) Seminar and workshop, (g) Legal Research, (h) any other assignment that may be assigned to it by the Legal Education Committee and the Bar Council of India .
CHAPTER V
If an Indian national having attained the age of 21 years and obtains a degree in law from a Foreign University such a degree in law can be recognized for the purpose of enrolment on fulfillment of following conditions:
(i) completed and obtained the degree in law after regularly pursuing the course for a period not less than three years in case the degree in law is obtained after graduation in any branch of knowledge or for a period of not less than five years if admitted into the integrated course after passing +2 stage in the higher secondary examination or its equivalent; and (ii) the University is recognized by the Bar Council of India and candidate concerned passes the examination conducted by the Bar Council of India in substantive and procedural law subjects, which are specifically needed to practice law in India and prescribed by the Bar Council of India from time to time as given in the schedule XIV. Provided that those who joined LL.B. course in a recognized Foreign University prior to
21st February, 2005 the date of notification in this regard by the Bar Council of India need not seek for such examination, other aforesaid condition remain same.
Provided the same privilege shall be also extended to Persons of Indian Origin having double citizenship in India.
The Bar Council of India on the recommendation of the Legal Education Committee may consider the application of a foreign University to enlist the name of the University in the Schedule V of these rules. The degree in law obtained from which Foreign University by an Indian national shall be considered for the application preferred under Rule 37 above.
Recognition of Degree in law of a foreign University for the purpose of enrolment as Advocate in India would depend on the following criteria of standards that:
the purpose of admission in the course leading to Degree in Law in the Foreign University concerned; or shall be an integrated program offered after 10+2 or 11+1 school education.
Each recognized University and its approved institutions registering students for law courses shall send particulars as prescribed in the Schedule X of its registered students and Faculties for the purpose of building up of uniform data of the faculty and the students of law and for issue of Uniform Identity Number to students and faculty against a fee prescribed by the Bar Council of India from time to time.
All approved Centres of Legal Education of the Universities whose degree is approved for enrolment shall submit to the respective University with a copy to the Bar Council of India an annual return in the form prescribed in schedule VIII in hard and soft copy at the end of its annual academic session failing which a new inspection would be required for the University with the local enquiry.
The Legal Education Committee of the Bar Council of India shall be the dispute resolution body for all disputes relating to legal education, which shall follow a procedure ensuring natural justice for such dispute resolution as is determined by it.
44. Annual Notification:
(1). The Council shall notify in its website and send copies to each State Bar Councils as per Schedule I of these Rules, the names of Universities whose degrees in law recognized under these rules with a list of approved Centres of Legal Education. The Council shall require each University and the State Bar Council to also notify the same within its jurisdiction and provide a copy to each of its approved Centres of Legal Education, including the same in their respective website in so far as the Centres of Legal Education within the respective jurisdiction of these institutions.
(2) Information about the non-recognition or de-recognition of the degree in law of a University and that of CENTRES of Legal Education shall also be sent to all Universities in India imparting legal education and to all State Bar Councils which shall include the same in their website.
Any resolution passed earlier by Bar Council of India / Legal Education Committee inconsistent with these rules shall not bind the Bar Council of India and all other bodies constituted in pursuance of the Advocates Act 1961, after these rules come into force.
Any action, decision or direction taken or directed by the Bar Council of India under any Rule or Regulation in force at any time earlier than these Rules coming into force, shall be valid, binding on the institutions as the case may be, and remain in enforce notwithstanding anything contained in these Rules.
Any amendment proposed by Bar Council of India in the Rules shall be carried through consultation with the Universities and the State Bar Councils by way of circulation of the proposal to the Universities and the State Bar Councils for the written submission within the scheduled notified date and after consideration of such written submission on merit. The Legal Education Committee/Bar Council of India shall on consideration of the representation finalise the said amendments, which shall come into force by way of notification in the website. The Bar Council of India shall also send the hard copy of notification to the Universities.
Provided that any provision in the Schedule may be amended by the Bar Council of India on the recommendation of the Legal Education Committee and the same shall also be notified in the website of the BCI for enforcing the provision.
List of Indian Universities and its approved Centres of Legal Education, whose degrees in law are recognized for enrolment
Visit Website of the Bar Council of India (www.barcouncilofindia.org) and select “Legal Education” column and go to List of approved law colleges.
Academic standards and Courses to be studied
The syllabus has to be comparable to the syllabus prescribed by leading Universities in India in three year Bachelor degree program in BA, B.Sc, B.Com, BBA etc taking into account the standard prescribed by the UGC/AICTE or any other respective authority for any stream of education.
Example: “A” has taken eight honours papers selected as follows: two from Constitutional Law, three from Business Law, one from International Law and two from International Trade Law, his Honours shall be in Law. “B” takes eight papers from Constitutional Law group, his honours shall be mentioned in Constitutional Law.
Part I : Courses in liberal discipline in Integrated Five Year Course :
(1) Undergraduate course-component for integrated Five Years’ course:
Example: One can take Philosophy as major with political Science and
Sociology as minor. One can take Economics as major and Political Science and Mathematics as minor. Similarly one can take English as major and Political Science and History as minor, so on so forth. However in the initial years the choice of subjects may be restricted. In the current years courses offered would be Economics, Political Science, Philosophy, Journalism & Mass Communication and History. English can also be taken as major. Other languages offered shall be notified at the time of admission. It is advised that the University follow the Curriculum Development Committee Report of UGC, if it is there, in designing the course and stipulate the standard.
The syllabus has to be comparable to the syllabus prescribed by leading Universities in India in three year Bachelor degree program in BA, B.Sc, B.Com, BBA etc taking into account the standard prescribed by the UGC/AICTE and any other respective authority for any stream of education.
Part II (Law papers common to both the streams)
(A) Compulsory subjects in legal education component in both the streams (Paper 1 to 20) University is free to design any subject in one or more than one papers where more papers are not stipulated:
Part II (B) Compulsory Clinical Courses ( Papers 21 to 24 as following):
Outline of the course: (a) Drafting: -General principles of drafting and relevant substantive rules shall be taught
(b) Pleadings: -
The course will be taught class instructions and simulation exercises, preferably with assistance of practising lawyers/retired judges.
Apart from teaching the relevant provisions of law, the course may include not less than 15 practical exercises in drafting carrying a total of 45 marks (3 marks for each) and 15 exercises in conveyanceing carrying another 45 marks (3 marks for each exercise) remaining 10 marks will be given for viva voice.
Outline of the course: Professional Ethics, Accountancy for Lawyers and Bar-Bench Relations
This course will be taught in association with practising lawyers on the basis of the following materials.
The course is required to be conducted by senior legal practitioners through simulation and case studies. Evaluation may also be conducted in practical exercises at least for a significant part of evaluation.
This paper may have three components of 30 marks each and a viva for 10 marks.
Students may be required to attend two trials in the course of the last two or three years of LL.B. studies. They will maintain a record and enter the various steps observed during their attendance on different days in the court assignment. This scheme will carry 30 marks.
Each student will observe two interviewing sessions of clients at the Lawyer’s Office/Legal Aid Office and record the proceedings in a diary, which will carry 15 marks. Each student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary, which will carry 15 marks.
Part II (C): Not less than six papers from any of the following groups (paper 25 to 30 ) However a University is free to take only a few common options for the purpose of LL.B. course without any specialization:
Legal Philosophy including theory of Justice
Indian Federalism
Affirmative Action and Discriminative Justice
Comparative Constitution
Human Right Law and Practice
Gender Justice and Feminist Jurisprudence
Fiscal Responsibility & Management
Local Self Government including Panchayet Administration
Right to Information
Civil Society & Public grievance
Government Accounts & Audit
Law on Education
Media & Law
Health Law
Citizenship & Emigration Law
Interpretation of Statutes and Principle of Legislation
Legislative drafting
Business Law Group
Law and Economics
Banking Law
Investment Law
Financial Market Regulation
Foreign Trade
Law of Carriage
Transportation Law
Insurance Law
Bankruptcy & Insolvency
Corporate Governance
Merger & Acquisition
Competition Law
Information Technology Law
Direct Taxation Indirect Taxation
Equity and Trust
Law on Project Finance
Law on Corporate Finance
Law on Infrastructure Development
Special Contract
International Trade Law
International Trade Economics
General Agreement on Tariff & Trade
Double Taxation
Dumping and Countervailing Duty
Trade in Services & Emigration Law
Cross Border Investment
Agriculture
Dispute Resolution
International Monetary Fund
Trade in Intellectual Property
International Banking & Finance
Crime & Criminology
Criminal Psychology
Forensic Science
International Criminal Law
Prison Administration
Penology & Victimology
Offences Against Child & Juvenile Offence
Women & Criminal Law
IT Offences
Probation and Parole
Criminal Sociology
Comparative Criminal Procedure
Financial and Systemic Fraud
White Color Crime
International Law
International Organization
International Human Rights
Private International Law
International Environmental Law
IMF & World Bank
Regional Agreement & Regionalization
Uncitral Model Codes
International Labour Organization & Labour Laws
International Dispute Resolution Bodies
Maritime Law
Law of the Sea and International River
Humanitarian and Refugee Law
International Criminal Law and International Criminal Court
Law & Agriculture
Land Laws including Tenure & Tenancy system
Law on Agriculture Infrastructure: seed, water, fertilizer, pesticide etc.
Law on Agricultural Finance
Law on Agricultural Labour
Agricultural Marketing
Farming & Cultivation
Farmer and Breeders’ Right
Cooperative and Corporatization of Agriculture
Dispute Resolution and Legal aid
Agricultural Insurance
Law on SMEs on agricultural processing and rural industry
Intellectual Property Law
Patent Right creation and Registration
Patent Drafting and Specification Writing
IPR Management
Copyright
Trade Mark and Design
Trade Secret and Technology transfer
Other Forms of IPR creation and registration
IPR Litigation
IPR Transactions
Life Patent
Farmers and Breeders right
Bio Diversity protection
Information Technology
IPR in Pharma Industry
IPR in SMEs
University’s power for additional subject/group:
Provided that a University/ School may add to the above list of subjects as well as a New Group of subject specialization with such papers as may be stipulated from time to time. Students in the general law course have to take not less than six papers from any three or more groups.
Part III (Only For Honours course in Law)
In case of specialization or honours in any group, one has to take at least eight papers from one group over and above six optional papers in other groups (Papers 29 to 36).
Freedom to University
University may restrict Groups and/or subjects in a group for offering options based on availability of faculty and other facilities..
Example
A University may follow the outline of the following course design (in integrated course)
First Semester : 20 weeks
General English
Major Subject in BA/BSc/B.Com/BBA etc(Paper 1)
Minor I (Paper 1)
Minor II (Paper 1)
Law of Tort
Law of General Contract
Second Semester : 20 weeks English Literature
Major Subject (Paper 2)
Minor 1 (Paper 2)
Minor II (Paper 2)
Constitutional law of India
Legal Method
The arrangement of subjects in 5 years’ integrated course shall be as follows:
First Semester: |
4 (First degree papers) |
+ |
2 (Law papers) |
|
Second Semester |
4 (do ) |
+ |
2 ( do ) |
|
Third Semester |
3 (do) |
+ |
3 (do) |
|
Fourth Semester |
3 (do) |
+ |
3 (do) |
|
Fifth Semester |
2 (do) |
+ |
4 (do) |
|
Sixth Semester |
2 (do) |
+ |
4 (do) |
|
Seventh Semester |
1 (do) |
+ |
4 (do) |
|
Eighth Semester |
1 (do) |
+ |
4 (do) |
|
Ninth Semester |
5 (do) |
|
|
|
Tenth Semester |
5 (do) |
|
|
|
20 papers (including honours papers) 36 papers (including honours papers)
# For Pass course one has to offer only
14 papers in liberal discipline and 28 courses in Law
Three Year Course
First Semester: Law of Tort, General Contract, Constitutional Law, Property
Law, Indian Penal Code
Second Semester: Special Contract, Administrative Law, Family Law -1, Criminal Procedure Code, Civil Procedure Code, Evidence Law Detailed course design may be supplied during admission.
*******
SCHEDULE III
Minimum infrastructural facilities required in a Centre of Legal Education for applying permission to run law courses with affiliation from an Indian University
Physical infrastructure
Education shall be for a period of not less than ten years. What is the adequate space for the said purpose shall be decided by the respective authority of the University under its affiliation regulation and as guided by the UGC.
Provided that sufficient land and adequate floor space area completely and exclusively devoted for a Centre of Legal Education, based on the size of its student population, faculty requirement infrastructure facilities, Library space requirement, indoor and outdoor games facilities and other requirements can be considered sufficient accommodation in compliance with this clause, for the purpose in a multi-faculty Institution on land possessed by the Management of a Society/ Trust/ Non Profit Company running multi-faculty institutions in a metropolitan or in a class 1 city.
5A. Size of a section : The Inspection Committee may approve for admission in each of the section of a class for not more than 60 students and may allow a minimum of two sections in each class but not more than five sections in one class (such as First Year or Second Year or Third Year, etc) as the case may be unless there is any exceptional reason for granting more sections in a Class, such a reason has to be specified by the inspection Committee.
15. Minimum Library requirement: To start with, a Law Library shall have a set of AIR manual, Central Acts and Local Acts, Criminal law journal, SCC, Company cases, Indian Bar Review, selected Judgements on Professional Ethics and Journals with the back volumes for at least ten years and also such number of text books in each subjects taught during the period according to the minimum standard ratio of ten books for each registered students. For running integrated program, text books of such other subjects are also to be kept in the similar minimum ratio. The minimum investment in Library in each academic year must shall be Rupees Fifty thousand for one stream and Rupees One Lakh for both the streams.
16 Whole time Principal/ Head/Dean: There shall be a Principal for each constituent or affiliated Centre of Legal Education of a University and a Dean for the University Department, who shall have minimum prescribed qualification in law as prescribed by the UGC for respective position like Principal of a Centre of Legal Education or a Professor of Law to hold Deanship, as the case may be.
17. Core Faculty: There shall be sufficient number of full time faculty members in each Centre of Legal Education ( i.e. ,Department, constituent or affiliated college ) to teach each subject at all point of time for running courses who can be supported by part time or visiting faculty. Such a core faculty shall in no case be less than six in the first year of the approval with both streams in operation, eight in the second year and ten in the case of third year of law courses. In addition, for the integrated course there shall be adequate faculty in the subjects offered in the liberal educational subjects as part of the course by the institution. These faculties in the liberal educational discipline in Arts, Science, Management, Commerce, Engineering, Technology or any other discipline shall possess qualification as is required under the UGC guideline or under such other standard setting body as the discipline is allotted to by any Act, statute, or Rules of the Government of India or of a State.
For the Three Year Bachelor of Law degree course only with two sections without the Honour program, there shall be minimum of 4 core faculty in the first year six in the second and eight in the third year in addition to the Principal/Head or Dean as the case may be.
Provided that an institution intending to run any specialized or honours course must have at least three faculty in the group in which specialization and honours courses are offered.
Provided further that each full time faculty shall take as many classes in the subject or subjects as may be assigned to them on the basis of standard prescribed by ‘the standard setting institution’ like UGC.
Provided further, if any institution of a University, which was already affiliated to the University and approved to run professional courses of either scheme or both by the Bar Council of India after inspection of the University, falls short of required full time faculty, the new admission in courses may be required to remain suspended until new required number of faculty is procured. The University shall before starting a new academic session, notify which institutions are only be allowed to admit fresh students.
Provided further that if while inspecting the University it was found that in any institution of the University adequate number of full time faculty was not there in the staff, the Bar Council after giving notice to the University might give a public notice directing the University not to admit students in the new academic year in that institution.
18 Minimum weekly class program per subject (paper):. There shall be for each paper (with 4 credit) Four class-hours for one hour duration each and one hour of tutorial/moot court/project work per week.
An Institution may however have faculty whose remuneration is based on contract provided the remuneration is comparable with or more favorable to the faculty in comparison with the UGC Scale and salary shall be paid through account payee cheque.
Provided that internship in any year cannot be for a continuous period of more than Four Weeks and all students shall at least gone through once in the entire academic period with Trial and Appellate Advocates.
(b) Each student shall keep Internship diary in such form as may be stipulated by the University concerned and the same shall be evaluated by the Guide in Internship and also a Core Faculty member of the staff each time. The total mark shall be assessed in the Final Semester of the course in the 4th Clinical course as stipulated under the Rules in Schedule II.
27 Formal Dress Code during internship: Students placed under internship or in moot court exercise shall have formal dress of legal professional in pupilage as follows:
(For all) White/Black trouser, white shirt, black tie, black coat, black shoe and black socks. When students have problems of getting the entire formal dress for any reason, they have to have a white trouser, full sleeve shirt to be tucked in and covered shoe.
(Optional for Girl students) Black printed sharee, with white full sleeve blouse and covered black shoe or Lawyer’s Suit with black covered shoe.
The Organization or Advocate under whom the internee is placed is required to follow suitable dress code.
28. Age on admission: (a) Subject to the condition stipulated by a University on this behalf and the high degree of professional commitment required, the maximum age for seeking admission into a stream of integrated Bachelor of law degree program, is limited to twenty years in case of general category of applicants and to twenty two years in case of applicants from SC, ST and other Backward communities.
(b) Subject to the condition stipulated by a University, and the general social condition of the applicants seeking legal education belatedly, the maximum age for seeking admission into a stream of Three Year Bachelor Degree Course in Law, is limited to thirty years with right of the University to give concession of 5 further year for the applicant belonging to SC or ST or any other Backward Community.
SCHEDULE IV
Inspection and other fees
N.B. All fees are payable in bank draft payable to the Bar Council of India at New Delhi.
(i) Initial /Regular inspection fees: |
Rupees one lakh |
(ii) Accreditation Assessment Fees |
Rupees two lakh |
|
Rupees two lakh |
such particulars as may be prescribed) |
Rs one hundred for each student |
(iv) Uniform Identity Number and Central data |
Rs two hundred for each |
(For Faculty members) |
faculty |
Explanation :
SCHEDULE V
List of Foreign Universities whose degrees is recognized by the Bar Council of India under Section 24 (1) (c) (iii) in the Advocates Act, 1961
Visit Website of the Bar Council of India (www.barcouncilofindia.org) and select “Legal Education” column and go to “Foreign Degrees recognized by the Bar Council of India.”.
SCHEDULE VI
Proforma Inspection report
THE BAR COUNCIL OF INDIA
21, ROUSE AVENUE, NEW DELHI - 110 002
PROFORMA FOR APPLICATION (PART I), INSPECTION (PART II),
EXPLANATION AND COMPLIANCE REPORTING (PART III) IN RESPECT OF
LAYING DOWN STANDARDS OF LEGAL EDUCATION UNDER SEC 7(h) AND
RECOGNITION OF DEGREES IN LAW UNDER SEC. 7(1) AND RULES MADE THERE UNDER SEC. 24(1) (c) (iii), (iiia) AND SEC. 49(1) (d) OF ADVOCATES ACT, 1961. NOTE :
APPLICATION SEEKING APPROVAL OF AFFILIATION / RECOGNITION
OF CENTRES OF LEGAL EDUCATION/ UNIVERSITIES TEACHING LAW
[Note: Each affiliating University shall submit its Rules of Affiliation to the Bar Council of India while seeking approval of Affiliation of a Centre of Legal Education. In case of direct application the applicant shall annex with the application Rules of Affiliation of a Centre of Legal Education in the respective University]
I. ESTABLISHMENT, MANAGEMENT AND STATUS OF THE
INSTITUTION : A.
Whether temporary or Permanent?
(enclose letter from University)
being offered at present (ii).
(iii).
(Enclose documents in support)
Centre of Legal Education.
(enclose documents)
periodicals in law library (Give detailed break-up in separate paper)
facilities for students ? Boys and Girls ?
III. ACADEMIC AFFAIRS AND POTENTIAL FOR DEVELOPMENT
(Give detailed break-up)
(attach the time-table used in the last year/semester)
live in the locality and what
percentage commute from outside the area ?
(Attach data separately of each such faculties)
(Give details )
(Give details)
The Legal Education Committee / Bar Council of India would like to have an objective, honest and transparent assessment of the academic performance and potential of the Centre of Legal Education /department from each member of the teaching staff including Principal and of the management independently when they can frankly express the strengths and weaknesses of the institution as they perceive it. If any member wants to keep that information confidential the Legal Education Committee/ Bar Council of India will make every effort to keep it so. The individual reports may also be directly sent to the Chairman, Legal Education Committee if they so desire.
I Mr./Ms………............................................................ hereby declare that the information provided above are true to the best of my knowledge and I have not attempted to suppress or exaggerate data concerning the above institution which is directly under my management.
PLACE:
DATE :
P.S. Send this report only in the form serially numbered and available only from the Secretary, Bar Council of India, New Delhi. Keep a xerox copy of the same with you for record and consultation when the inspection team visits your Centre of Legal Education.
THE BAR COUNCIL OF INDIA : LEGAL EDUCATION INSPECTION
PROFORMA TO BE FILLED BY BAR COUNCIL OF INDIA APPOINTED
INSPECTION TEAM AFTER VISITING CENTRES OF LEGAL EDUCATION / DEPTS.
( Each member to file independent inspection reports. Please file the report on the same day of inspection or in the following day)
(Note : The team will go through each and every item in Part I with the Management/Principal, personally visit the premises and satisfy itself of the statements made therein. Discrepancies and inadequacies noticed are to be recorded here in detail as they would form the basis of queries/ classifications under Part III to be raised by Bar Council of India Secretariat later. Use separate sheets and attach with the report).
( Note : This should contain information on the quality of teaching, academic performance in the past, library resources available and its use by students, the competence of teachers for respective jobs including clinical teaching, extent of student satisfaction, general reputation of the Centre of Legal Education etc. The inspection team will use the self-assessment reports of teachers for verifying this item in discussion with the teachers concerned. Separate meetings with groups of students and advocates in the area who passed out of the institution are desirable to come to a fair conclusion on standards for the purpose of suggesting improvements in academic affairs.
Use separate sheets to record your impression on academic standards, its strength and weaknesses. It is important that each team member prepare the impressions independently so that the Legal Education Committee can come to an objective assessment with the help of inspection reports ).
India consideration :
Place & Date : —————————————————————————— Signature : ——————————————————————————
AND CLARIFICATIONS OF CENTRE OF LEGAL EDUCATION ON QUERIES RAISED AFTER INSPECTION
(Note : This part is to be filled by management of the Centre of Legal Education if they are asked to do so by the Bar Council of India Secretariat on the basis of the findings of the inspection team. Only applications which are complete in all respects alone will be submitted to the Legal Education Committee . As such, Bar Council of India Secretariat will examine the application (Part I) with the inspection reports (Part II) in the context of Rules of the BCI Rules and point out inadequacies and non-compliance and seek clarifications from Centre of Legal Education by sending this proforma (Part III).
Before sending the Part III proforma, the BCI Secretariat will enter the queries and clarifications they are seeking from the Centre of Legal Education management)
Queries from the BCI Secretariat to Centre of Legal Education management :
1.
2.
-------------------------------------------------------------------------------------------------
FOR OFFICE USE ONLY
THE BAR COUNCIL OF INDIA PROFORMA FOR INSPECTION REPORT
OF CENTRE OF LEGAL EDUCATION
( While preparing the report of inspection of the Centre of Legal Education , members are requested to follow the following proforma)
(Full details)
State and the area where the Centre of Legal Education is located / proposed to be located.
(i) Details of affiliation of University with documentary proof (ii) Permission of the State Government with documentary proof.
If five year course is not introduced yet whether the Centre of Legal Education is intending to do so or not.
or the same is rented or leased? ( Full details thereof with photocopies of relevant documents)
text books, reference books, journals and other periodicals
Legal Education in terms of its utility
( with specific recommendations as to whether the proposed Centre of Legal Education can be granted approval of affiliation/ existing Centre of Legal Education can be allowed to retain approval of affiliation or not)
MEMBER, BCI MEMBER, BCI.
SCHEDULE VII
Proforma Application Form for approval of affiliation to be submitted to the Bar Council of India with copy of application for affiliation of a University
SCHEDULE VIII
Forms of Annual Return
To be specified later and incorporated as and when prescribed
SCHEDULE IX
Application form accreditation and credit rating
To be specified later and incorporated as and when prescribed
SCHEDULE X
Information of enrolled student for Uniform Identity Card
To be specified later and incorporated as and when prescribed
SCHEDULE XI
Centralised data for Faculties
To be specified later and to be incorporated as an when prescribed
SCHEDULE XII
List of approved Foreign Universities whose degree in law can be considered for enrolment under Chapter V of the Rules
*****
SCHEDULE XIII
List of dates fixed for various Regulatory purposes
1. Last date for submission of completed application form with the required fee for initial approval of a proposed |
|
institutions 2. Submission of any further information as may be required by BCI on the above |
December 31 |
application 3. Conduction of initial inspection of new |
within January 31 |
application as above 4. Consideration of initial inspection report |
within April 30 |
and recommendation by LEC to BCI 5. BCI’s recognition letter or reason for refusal to be communicated to the applicant and the concerned Sate Government/ |
within May 31 |
University whichever is applicable Renewal of approval of affiliation |
within June 15 |
1. Last date of submission of completed |
six months’ earlier from |
application Form with the required fee for |
the date of expiry of the |
renewal inspection earlier recognition unless relaxed by BCI on special reasons |
approval of affiliation |
2. Last date for submission of renewal inspection Report to LEC |
June 30 and December 31 |
3. Last date for recommendation of LEC to BCI |
February 28 (for Dec. Report) August 31 (for June Report) |
4. BCI to communicate recognition letter |
March 31 (For December Report) September 30 (For June Report) |
Application for accreditation
1. |
Last date for submission of application |
|
|
For accreditation with fees |
July 31 |
2. |
Submission of accreditation report to BCI |
|
|
by the committee and notification Special inspection any time |
within December 31 |
|
Submission of Report to LEC |
within one month of inspection |
BAR COUNCIL OF INDIA RULES
————————————————————————————————————————————————————————————————————————————————————————————————————————————
PART — V
THE STATE ROLL AND SENIORITY
CHAPTER — 1
Preparation and maintenance of the State Roll
(Rules under Section 17, 19, 20 and 22 of the Act)
(2) The copies of the State Roll to be sent under Section 19 of the Act shall be in Form ‘B—1 and B—2’ as set out in the rules at the end of this Chapter and shall contain such further details as the Council may specify.
37