5-year LLB Course 'Irrational', Give Law Degree In 3 years After 12th Standard: PIL In SC

PIL in Supreme Court says duration of 05 years i.e. 10 semesters for Bachelor of Law Course is unreasonable and the inordinate duration is arbitrary and irrational and violates Articles 14 and 21.

The PIL states that the students not only pay too much but also lose too much of their precious time due to such a lengthy course.The PIL states that the students not only pay too much but also lose too much of their precious time due to such a lengthy course. ( Image Source :PTI )

A PIL has been filed in the Supreme Court to turn the five-year graduation for law degree into a 3-year law graduation degree course directly after school. At present, the LL.B course which the students can join after passing 12th standard is for a period of 5 years. The three-year law degree course is available only for graduates. Petitioner has filed PIL under Article 32 of the Constitution seeking direction to the Centre and Bar Council of India to form an Expert Committee to ascertain the feasibility of starting a 3 Years Bachelor of Law Course after 12th Standard like Bachelor of Science, Bachelor of Commerce and Bachelor of Art Courses.

Advocate Ashwini Upadhyay has moved the PIL and has contended that students can easily study 15-20 subjects in 03 years i.e. 06 semesters. And therefore, the present duration of 05 years i.e. 10 semesters for Bachelor of Law Course is unreasonable and the inordinate duration is arbitrary and irrational and hence violates Articles 14 and 21 of the Constitution.

"The undue 05 years’ time is arbitrary and irrational for many reasons. Firstly, the length of time is not necessary to give a Bachelor degree, secondly, the prolonged period of 05 years is not suitable for students, thirdly, the 05 precious years is not proportional to study Law and fourthly, this puts excessive financial burden on the students to complete such a lengthy degree. Had there been less time of 03 years for finishing the bachelor degree, the student could have gotten 02 undisturbed years to obtain practical knowledge in Court or Law Firm or to pursue Master degree or to prepare for judicial exam," the PIL read.

The petitioner has cited the examples of late legal stalwarts Ram Jethmalani, who started law practice at the age of 18 years. He also cited Fali S Nariman's example who completed the law degree at the age of 21 years. 

"Petitioner respectfully submits that if the colleges can give Bachelor of Arts, Bachelor of Commerce and Bachelor of Science degree immediately after the 12th standard in 03 years, then why is it not feasible to give Bachelor of Law degree in 03 years? Students don't need a Bachelor of Arts to gain preliminary knowledge or law. Then why should Students be forced to waste 2 years obtaining it?," he asked.

He further tells the court that "It appears that the unreasonable 05 years length of the Law Course has been set under the Pressure of College Management so as to make the most amount of money they could from the course. The Course fee of Private Law Colleges and even the National Law Universities is exorbitant and lower as well as middle class students find it very difficult to pursue Bachelor of Law with such exorbitant fees structure and that too for 05 years (10 semesters)."

The PIL states that the students not only pay too much but also lose too much of their precious time due to such a lengthy course.

"The Question is: Why can’t Law Colleges give Bachelor of Law degrees without Bachelor of Art or Bachelor of Business Administration. After all, a Bachelor of Law is in itself a graduation course, then why can’t it be given alone. It is also necessary to note that there is no relevance of BA with LLB or BBA with LLB and both Courses can be completed independently.  "

He further urged the court to give an early decision, since the admissions for the new courses are starting in May-June.