Explained: What is the conflict around abolition of the one-year LLM course? – Moneycontrol

In January 2021, the Bar Council of India (BCI) announced that it would be abolishing the one-year LLM (Master of Laws) courses across institutes in India. This meant that the course would be scrapped for all legal aspirants.

Following this, a case was filed by the consortium of National Law Universities in the Supreme Court against the BCIs decision. At the hearing, the BCI said the decision to abolish the one-year LLM degree would be implemented from the 2022-23 academic year.

This gives LLM aspirants a one-year breather, but the legal tangle is likely to resurface in 2022.

India currently has around 1 million lawyers. Industry estimates suggest that there is a demand for 50,000 lawyers every year across corporate, civiland criminal branches of law.

While an LLB degree would be sufficient to practice in the courts, an LLM degree expands the legal knowledge base and also opens up opportunities in global consulting firms.

Why a one-yearLLM?

In 2013, the University Grants Commission (UGC), the apex body for all degree programmes in universities, allowed a one-year masters programme in law (LLM). This was a part of a plan to revamp legal education and bring it on par with international standards.

The National Knowledge Commission while examining the quality of legal education and research in the country recommended several steps to revamp the system towards achieving academic and professional excellence.

Following this, a Round Table on Legal Education set up by the Ministry of Human Resources Development (now the education ministry)asked the UGC to examine the reform of the LLM degree programme and consider making it a one-year course like in all developed countries.

An Expert Committee appointed by the UGC in 2010 submitted a report proposing a one-year LLM, and this was later framed as guidelines by the UGC.

TheHRD ministry wanted students to get the flexibility to complete thepostgraduate programme in law. Developed countries like the US allow one-year LLM programmes in addition to two-year programmes.

Following the UGC guidelines, in India, too, both one-year and two-year LLM degree programmes were introduced in 2013.

What is the one-year LLM?

Here, UGC had said that the admissions to the one-year LLM will be through an all-India admission test. Only students who have completed an undergraduate law degree or LLB are eligible for the one-year LLM programme.

Within the one-year programme, there are specialisations related to corporate and commercial law, international law, constitutional law, criminal and security law, legal pedagogy and family and social justice law.

The one-year programme comprises three trimesters, with a minimum of 30 hours each week and twelve weeks for each of the three terms including classroom teaching, library work, seminars and research.

Across India, there are close to 750 seats for postgraduate LLM programmes.

Why did the BCI decide to abolish it?

According to the BCI, only a two-year postgraduate degree in law is recognisable and a one-year LLM is not adequate.

The Council also said that any one-year LLM obtained from a foreign university will not be recognised in India. The education ministry, which originally allowed the one-year LLM, is yet to give its view on the matter.

However, law universities contested this move saying that BCI does not have powers to regulate their programmes. These universities also added that admissions to the one-year LLM programmes had already started prior to this notification and hence changes cannot be made.

On the other hand, the BCI said it has the right to regulate legal education in India since this area has been kept out of the of Higher Education Commission of India. While the UGC decides on university programmes, under theAdvocates Act 1961 the BCI has rights to lay down standards for legal educational programmes in India.

How will the two-year LLM programme work?

If implemented in 2022, the two-year LLM programme will be open to all students who have completed an LLB degree.

Instead of the CLAT exam that is conducted for the one-year LLM programme, BCI will conduct a Post Graduate Common Entrance Test in Law (PGCETL) for admission.

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Explained: What is the conflict around abolition of the one-year LLM course? - Moneycontrol