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BAR COUNCIL OF INDIA RULES

CONTENTS

PART 4 :- Standards of Legal Education and Recognition of

Degrees in Law for Admission as Advocate
1. 1
2. 2
3. 3
4. 4
5. 5
6. 6
7. 7
8. 8
9. 9
10. 10
11. 11
12. 12
13. 13
14. 14
15. 15
16. 16
17. 17
18. 18
19. 19
20. 20
21. 21
22. 22
23. 23
24. 24
25. 25
26. 26
SCHEDULE 1 :- SCHEDULE
BAR COUNCIL OF INDIA RULES
Hereunder is given the revised Rules in Part IV of the Rules of the
Bar Council of India relating to Legal Education approved at
meeting of the Bar Council of India dated 15th and 16th February,
1986.
PART 4
Standards of Legal Education and Recognition of Degrees in Law for Admission as
Advocate

1. 1 :-
There shall be a five years course of law after 10+2 or 11+1
comprising of two Parts viz. Part I which will be a two-year core
programme of pre-law study and Part II which will be a three-year
programme for professional training in law.
2. 2 :-
(1) Save as provided in Rule 7, Rule23, Rule 24 and Rule 25 of the
rules here- under, a degree in law obtained from any university in
the territory of India shall not be recognised for purposes for
enrolment as advocate under the Advocates Act, 1961 from June 1,
1982 unless the following conditions are fulfilled:
(a) That at the time of joining the course of instruction in law for a
degree in law, the person concerned has passed an examination in
10+2 course of schooling recognised by the educational authority of
the Central or the State Governments or possesses such academic
qualifications which are considered equivalent to 10+2 courses by
the Bar Council of India ;
(b) The law degree has been obtained after undergoing a regular
course of study in a duly recognised law college under these rules
for a minimum period of five years, out of which the first two years
shall be devoted to study of pre-law courses as necessary
qualification for admission to three-year course of study in law to
be commenced thereafter. The last six months of the three years of
the law course shall include a regular course of practical training;
(c) That the course of study in law has been by regular attendance
for the requisite number of lectures, tutorials, moot courts and
practical training given by a college affiliated to a University
recognised by the Bar Council of India;
{d) That the law degree has been obtained without undergoing any
other course of instruction simultaneously during the period of five
years of study in law.
3. 3 :-
(1) That the law education shall only be through wholetime Law
Colleges or University Departments. Provided such of the
Universities which cannot implement the new rules from June 1,
1982 may continue the old system under intimation to the Bar
CounciloF India for a term not exceeding two years from 1982-83.
After such intimation the said Universities shall comply with
requirement of Rule 23: Provided further that the students who
have been admitted to the 1st year LL.B. before 1st June, 1982 can
continue to receive their education through part-time
morning/evening colleges as the case may be.
(2) A college will be deemed to be whole-time college for the
purpose of sub-rule 3(1) if the working time of the college or
University department extends to at least thirty hours per week
including contact and correspond- ence programme, tutorials, home
assignments, library, clinical work, etc. with the further provision
that the actual time for classroom lectures is not less than 20 hours
per week.
4. 4 :-
The present three-year law course after graduation may continue
up to 1986-87 but from the session 1987-88, all universities will be
required to offer the five-year law course. Students admitted to the
three-year course during 1986-87 would be eligible to be enrolled
as Advocates.
5. 5 :-
Admission of students to the course of instruction in law shall
ordinarily be on the basis of merit. No student shall be admitted to
the course of instruction in law unless he has inter alia, obtained 45
per cent marks in the aggregate in the qualifying examination for
admission: Provided that in the case of students of Scheduled
Castes and Scheduled Tribes a relaxation of marks up to 5 per cent
in the qualifying examination may be given: Provided further that
in case of physically/orthopaedically handicapped relaxation of
marks up to 5 per cent in the qualifying examination may be given
on production of a certificate of disability from the Medical Officer,
to the satisfaction of the authority concerned.
Explanation.-Physically handicapped means and includes the
following categories of physically handicapped persons-
(A) Blind-Blind is that who is suffering from cither of the following
conditions- (i) total absence of sight ; and (ii) visual acuity in
existing 6/16 or 20/200 (snellam) in better eye with correcting
lenses.
(B) DeafjMute- (i) deaf are those in whom the sense of hearing is
non-functional for ordinary purpose of life; (ii) mute are those who
cannot speak.
(C) Orthopaedically handicapped- "Orthopaedically handicapped are
those who have a major physical defect or deformity which causes
an interference with normal functioning of bones, muscles and
joints."
6. 6 :-
The students shall be required to put in a minimum attendance of
66 per cent of the lectures on each of the subject as also at
tutorials, moot courts and practical training course : Provided that
in exceptional cases for reasons to be recorded and communicated
to the Bar Council of India, the Dean of the Faculty of Law and the
Principals of the Law Colleges may condone attendance short of
those required by the Rule, if the student had attended 66 per cent
of the lectures in the aggregate for the semester or examination as
the case may be.
7. 7 :-
Lateral entry will be permitted to Part II of the five-year law course
at the discretion of the concerned university in respect of the
following-
(i) Candidates who have a post-graduate degree in Arts, Science or
Commerce;
(ii) Candidates who have done a three-year degree course (pass or
honours) in arts, science or commerce with at least 50 per cent
marks in the Bachelors' Degree examination or B grade in the 7
point scale;
(iii) Candidates who have done a three-year degree course in any
faculty other than those in 7(12) above or those who have done a
bridge course of one year after a degree course in any faculty,
provided they qualify in a test to be conducted by the Law
Department of the university concerned. Such candidates must
h a v e obtained at least 50 per cent marks in the qualifying
examination before they are allowed to participate in the test:
Provided that the relaxation of marks provided under Rule 5 shall
also apply to the candidates seeking admission under Rule 7 :
Provided that the introduction of the five-year law course is a
condition precedent for such lateral entry.
8. 8 :-
(1) The Part I examination should be so conducted as to be called a
university examination. A student who has passed Part I of the law
course shall be eligible for enrolment in the final year of the three-
year degree course in arts, social science, etc., to supplicate for the
B.A. degree.
(2) Papers listed in Rule 12(1) of the Bar Council of India Rules
(Part IV) for the two-year pre-law study under the scheme of five-
year law course may be adopted by the universities with such
modifications to make it possible for students to enter the B.A.
programme after passing Part I with a view to supplicating for B.A.
degree in one year. Modification of the listed papers must also keep
i n view the requirements of legal education for those who enter
Part II of the course from other faculties. (The subject relating to
legal language including legal writing may have to be shifted to
Part II of the course).
9. 9 :-
The medium of instruction shall ordinarily be English. Where the
medium of instruction is not English, or where pupil has in fact
answered the papers for the law examination in a language other
than English) he shall as a condition of his enrolment be required to
pass a written test on 'Proficiency in English^ to be conducted by a
State Bar Council except when he has passed such a test as a part
of his course of instruction in law.
Explanation.-The test above mentioned shall require the standards
of a holder of Bachelor's degree of a recognised university.
10. 10 :-
Individual universities may frame either own rules of admission to
Part II in such a manner that post-graduates as well as graduates
may be able to get admission.
11. 11 :-
(1) A law college shall be located at a place where there is a District
Court or a Circuit District Court or within such distance thereof as
the Bar Council of India permits.
(2) The Principal of the College shall ordinarily be full-time teacher
in the College.
(3) The strength of part-time teachers shall not be more than 50
per cent of the total strength of the teachers.
(4) The library of the college or University Department shall remain
open for at least 8 hours on every working day.
12. 12 :-
(1) The courses of instruction for the preparatory for law degree
course shall include the following 7 compulsory subjects:
(2) The Courses of instruction for three years of the study in law
shall include the following 12 compulsory subjects : 1. (a) General
Principles of Contract 1 Paper (b) Special Contract 1 Paper 2. Torts
1 Paper 3. Family Law (a) Hindu Law 1 Paper {b) Mohammaden
Law, Indian Succession Act and Indian Divorce Act 1 Paper 4. Law
of Grime and Procedure 2 Papers 5. Constitutional Law of India 1
Paper 6. Property Law and Easements 1 Paper 7. Evidence 1 Paper
8. Legal Theory (Jurisprudence) 1 Paper 9. Civil Procedure,
Limitation and Arbitration 1 Paper 10. Administrative Law 1 Paper
11. Public International Law 1 Paper 12. Practical Training-Six
months instruction which shall include court visits, documents, rules
of courts, exercise in drafting, pleadings, work at Lawyer's Chamber
and attendance at Professional Ethic lectures. The student shall be
required to pass an examination in this course to be conducted by
the University concerned.
(3) Not less than 6 more subjects which may be chosen from the
list hereunder and from amongst such other law subjects locally
relevant as may be prescribed by the Universities at their option :
1. Equity 2. Company Law 3. Labour Law 4. Taxation 5.
International Organisation 6. Bankruptcy 7. Law of Co-operation
and Public Control of Business 8. Legislative Drafting 9. Military Law
10. Insurance 11. Trusts and other Fiduciary Obligation 12. Trade
Marks, Copy Rights and Patents 13. International Economic Law 14.
Criminology and Criminal Administration 15. Interpretation of
Statutes and Principles of Legislation 16. Legal Remedies 17.
Private International Law 18. Comparative Law 19. Law and Social
Change 20. Law and Poverty 21. Law relating to Land Revenue,
Land Reform and Rural Development 22. Law and Planning 23. Law
relating to Local Self Government.
13. 13 :-
For each paper there shall be lecture classes for at least 3 hours
and one hour of tutorial work per week.
14. 14 :-
The examination shall ordinarily be held at the end of every year.
The University shall, however, be at liberty to hold examinations at
the end of every 6 months. Suitable allocation of Subjects for the
period of one year or six months as the case may be shall be made
by the University and the same be intimated to the Bar Council of
India.
15. 15 :-
Full-time teachers of law including the Principal of the college shall
be holders of a Master's degree in law and where the holders of
Master's degree in law are not available, persons with teaching
experience for a minimum period of 5 years in law may be
considered. Part-time teachers other than one with LL.M. Degree
shall have a minimum practice of 5 years at the Bar.
16. 16 :-
University shall establish or recognise only those colleges which
have whole time classes in law and have the requisite facilities and
library as required by these rules.
17. 17 :-
The teaching load of full-time and part-time teachers shall be
according to the norms prescribed by the U.G.C. from time to time.
18. 18 :-
The salaries aid to the Principal, full-time and part-time teachers
shall be according to the scales recommended by the U.G.G. from
time to time. Other benefits like D.A., C.L.A. (Compensatory local
allowance) House Rent Allowance, Provident Fund, etc. shall be
according to the norms prescribed by the University concerned from
time to time.
19. 19 :-
A law college affiliated to a University shall by June 1, 1987 be an
Independent Law College and shall cease to be a department
attached to a College.
Explanation.-Independent law college means a full-time college
with a regular qualified full-time Principal and requisite staff and
facilities as provided by these rules.
20. 20 :-
(1) No college started after the coming into force of these rules
shall impart instruction in a course of study in law for enrolment as
an advocate unless its affiliation has been approved by the Bar
Council of India.
(2) An existing law college shall not be competent to impart
instruction in a course of study in law for enrolment as an advocate
if the continuance of its affiliation is disapproved by the Bar Council
of India.
21. 21 :-
The Bar Council of India shall cause a law college affiliated or
sought to be affiliated to a University to be inspected by a
Committee to be appointed by it for the purpose, when-
(a) An application for approval of affiliation of a new college is
received by it; or It suo moto decides in order to ensure that the
standards of legal education laid down by it are being complied
with;
(b) The application for approval of affiliation of new College shall be
addressed to the Secretary, Bar Council of India, and shall be sent
only through the Registrar of the University concerned with his
recommendation;
(c) The College and/or the University concerned shall furnish all the
information to the committee of inspection and the Bar Council of
India as and when required, and shall co-operate with them in
every possible manner in the conduct of inspection;
(d) The committee of inspection shall submit a detailed report to
the Bar Council with a clear recommendation as to whether the
affiliation of new college be approved/disapproved or that of an
existing college be withdrawn/continued or that certain directions
be given for improvements to be carried out within the period to be
specified. The report shall incorporate the reasons for the
recommendations;
(e) If an unfavourable report is received, the Secretary of the Bar
Council of India shall cause a copy of the same to be sent to the
Registrar of the University concerned for his 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 communi-
cation ;
(f) The Secretary of the Bar Council of India shall cause the Report
and the comments/explanation of Registrar of the University
concerned to be place before the next meeting of the Legal
Education Committee of the Bar Council of India;
(g) If the Legal Education Committee is satisfied that the standards
of legal education and/or the rules for affiliation or continuance of
affiliation provided for in these rules by the Bar Council of India are
not complied with and/or that the courses of study, teaching and/or
examination are not such as to secure to persons undergoing legal
education, the knowledge and training requisite for the competent
practice of law, the legal education committee shall recommend to
the Bar Council of India the approval/disapproval of affiliation or
continuance of affiliation as the case may be. The Legal Education
Committee may also recommend that certain directions be given for
improvements to be carried out within the period to be specified;
(h) This recommendation of the Legal Education Committee along
with the accompanying papers shall be placed before the Bar
Council of India for its decision. In case the Bar Council of India
disagreed with or modifies the recommendation of the Legal
Education Committee for its consideration before arriving at a final
decision in the matter;
(i) If the Council is of the opinion that affiliation of a college be
disapproved it shall give notice of the proposed action to the
Principal of the College and Registrar of the University to show
cause within 30 days of the receipt of the notice and the Council
shall take into consideration the reply received before making final
orders;
(j) The decision of the Bar Council of India shall be communicated
to the Registrar of the University. It shall be effective from the
commencement of the next academic year following the date on
which it is received by the Registrar of the University.
22. 22 :-
(1) The Council shall publish by notification in the Gazette of India
and in prominent newspapers in India, the names of Universities
whose degrees in Law are recognised under these rules with a list
of Law Colleges under the Universities which are eligible to impart
professional Legal Educa- tion as provided for under these rules and
send a copy of the notification above referred to, to all the
Universities imparting Legal Education and State Bar Councils:
Provided that for the purpose of sub-rule ( 1 ) above the existing
Univer- sity Law Departments and Law Colleges affiliated to
universities shall be deemed to be professional law colleges under
these rules unless otherwise decided by the Council.
(2) Information about the non-recognition or de-recognition of the
degree in law of an University shall also be sent to all Universities
in India imparting Legal Education and to all State Bar Councils.
23. 23 :-
(1) Those Universities and Colleges which are approved by the Bar
Council of India as professional institutions under the new rules will
commence professional legal education according to these rules
from the academic year 1982-83. However, Universities wanting
more time for chang- ing over to the new Scheme may be allowed
permission by the Council to run the existing three-year LL.B.
Course for a period not more than four academic years. If such
permission is granted they may continue to admit graduates for the
existing LL.B. Course till and inclusive of the academic year 1986-
87.
(2) Such Universities seeking time for the change-over must
declare their intention to switch'over to new Five Years Law Course
under these rules latest by the academic year 1986-87 and send a
report within a year from June 1, 1985 to the Bar Council of India
on the steps adopted for the purpose.
24. 24 :-
(1) Students who have joined the first year of the graduate course
(B.A., B.Sc., B.Corn., etc.) in 1983-84 or earlier will be eligible to
pursue legal education under the old rules. The LL.B. course under
the old rules may admit such students till the beginning of the
academic year 1986-87.
(2) Admission to the LL.B. Course under the old rules will, however,
be totally discontinued in such institutions imparting professional
legal education after the academic year 1987-88 : Provided that
such Universities may conduct examinations in 1st, 2nd or 3rd year
LL.B. Courses to clear off the incumbents admitted to the old
course before 1987-88 till such time the Universities may deem fit.
25. 25 :-
(1) If Universities located in States where the 10+2 school system
is not yet in vogue propose to start the LL.B. Course under the new
rules they will be free to do so.
(2) Universities in such States will also be allowed to continue with
the existing LL.B. Course under the old rules until and inclusive of
the academic year 1986-87.
26. 26 :-
The Bar Council of India may issue directives from time to time, for
maintenance of the standard of Legal Education. The
College/Univer- sity is expected to follow them as compulsory.
Note.-The Rules above refer to professional legal education only for
which Bar Council of India has statutory responsibility under the
Advocates Act. It is the expectation of the Council that Universities
and Colleges in the country will continue to impart liberal education
in law and expand it to larger sections of people by developing
correspondence programmes if necessary for the benefit of persons
in different occupations and in public life so as to advance their
occupational goals on the one hand and assist the rule of law and
Constitutional Government on the other. This would mean that the
country may require not only the existing centres of liberal
education in law working at convenient hours in the morning or in
the evening, but also several more such institutions in the remote
corners of our vast country. The rules now formulated are directed
towards professional legal education and not towards other colleges
which may continue within the framework of the University system
in the country.
SCHEDULE 1
SCHEDULE

(Directives issued under Rule 26) 1. The teaching of the core programme in
Part I of the law course may be done with the help of teachers in the
disciplines concerned from the respective University/College departments. 2.
The maximum strength of students in any class (LL.B.I,11,111, IV or V)
shall not exceed 320 in any given College or University Depart- ment of Law
and the number of students in any section of each of such class shall not
exceed 80. In other words no College or University Depart- ment of Law
shall have on its rolls a total student strength of over 1600 students in all
its 1st, 2nd, 3rd, 4th and 5th years put together. 3. Law College and
University Law Departments shall ensure that- (a) multiple copies of
prescribed and recommended readings are available in the library; (b)
seating arrangements is provided for at least 15 per cent of the students at
a time in the reading hall; (c) the teacher student ratio is at least I : 40. 4.
BUILDING (1) (a) The building of a college shall be available for its exclu-
sive use, during the working hours of the college; {b) The accommodation
provided for classes, hostel, if any, and the residential quarters for the
Principal and the teacher to be in-charge of the hostel, if any, will be
separate; (2) The college buildings shall consist of the following- (a) Class
rooms; (b) A common room for men students; (c) A common room for
women students; (rf) A library hall with book shelves and reading tables;
(e) Office rooms for the Principal and his office staff; (f) A teachers
common room. (3) (a) All buildings shall be well lighted and ventilated and
shall have adequate sanitary arrangements and water supply; (b) All
buildings shall be duly furnished. (4) (a) If the college has no building of its
own and it is proposed to be housed temporarily in a hired building, the
college authorities shall create the building fund which shall be set apart
and deposited in a Scheduled Bank or a District Central Co-operative Bank; .
(A) Deposits so made in the name of the college shall not be withdrawn
except when required for meeting the cost of the portion of the building
already constructed ; (c) The building shall be completed within a period of
5 years from the date of the approval of affiliation is communicated to the
Registrar of the University concerned. 5. LIBRARY (a) The Library shall be
adequately equipped with law reports, books, periodicals and reference
books to meet the requirements of the courses of instruction taught in the
College. (b) The library shall be in the charge of a qualified and trained
librarian; (c) The minimum initial and recurring annual expenditure on the
library shall be as below: Initial Rs. 50,000.00 First Year Rs. 15,000.00
Second Year Rs. 15,000.00 Third Year Rs. 15,000.00 Subsequent Years Rs.
10,000.00 per year. 6. The building fund, as provided in Directive 4(4) shall
be created at least for Rs. 5 lakhs through instalments as under: Initial Rs.
1,00,000/- FirstYear Rs.1,00,000/- SecondYear Rs.1,00,000/- ThirdYear
Rs.1,00,000/- FourthYear Rs.1,00,000/- 7. The accommodation provided for
classes, hostel, if any, and the residential quarters for the Principal and the
teacher to be in-charge of the hostel, if any, will be separate. 8. Quarters
for the Principals : Quarters for the teacher-in-charge of the hostel, if any,
located near the hostel; Quarters for other permanent teachers as and if
required by the University. 9. Provision shall also be made for a play-ground
and adequate facili- ties for games and sports shall be made available in the
vicinity of the college buildings. 10. Every University shall endeavour to
supplement the lecture method with the case method, tutorials and other
modern techniques of imparting legal education.