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Anup Kumar (business)     24 February 2009

Age Bar in Law Schools

Article - Timesof India 24-02-2009

MUMBAI: The Bar Council of India (BCI) has decided to introduce age-bar in law colleges across India, a move that has not gone down well with thestudent as well the teaching community who are aghast and calling for a proper debate before the ‘‘controversial new rule’’ is enforced.

Once the new rule comes into effect, no one above the age of 20 can join the integrated five-year LLb course for which a student enrols after passing class XII. Also, one can’t be over 30 if one wants to join the three-year LLB degree course (for which a bachelor’s degree is must).

The BCI is the apex organisation that determines the standards and rules governing legal education in India and their advice is binding on all law-teaching institutions.

But, in Mumbai’s G J Advani Law College, principal Vijay Ghormade said: ‘‘Any change has to be gradual, well thought out and consensual. Colleges, principals, lawyers, teachers and students ought to be involved in the decision-making process.’’

BCI vice-chairperson J R Beniwal justified the move saying, ‘‘We want to improve the standards of legal education. We don’t want to open the gates for a 70-year-old. Law education must be on par with medical and engineering education.’’

There are about 300 universities across India, a dozen national law schools in various states and over 300 law colleges. Tens of thousands of students enrol for law courses every year.

The BCI, however, has made a concession for SC/ST and OBC students who can join a five-year course (after class XII) at 22 and a three-year PG course at even 35.

The BCI says it is introducing age bar to improve the quality of lawyers but law colleges and advocates say the move smacks of ‘‘discrimination’’. It violates the constitutional right to equality and to practise a profession of one’s choice. Advocate Mahesh Jethmalani said: ‘‘It’s unnecessary and discriminatory. How can you stop someone from studying at any age and changing his profession?’’

Beniwal, however, said: ‘‘This is a good idea. Lot of senior people, including a former Supreme Court judge, have applied their mind.’’



Learning

 14 Replies

Pradeep (Advocate)     24 February 2009

Great move by BCI. the freedom of chosing profession is not an absolute right. we r tired of retired people joining law colleges and asking stupid questions in the class. there are many people who join engineering and other courses, but when they fail to complete the course, they join law colleges..


 


but there are more important things that BCI has to look into. there are more than 30 law colleges in Bangalore. due to lack of admissions, they just allow the people to get admissions, and without insisting for attendance, they would be allowed to write exams, attendance, internal marks and practical marks are being sold in the name of 'Fine',.. which has totally tarnished the image of the profession... in my opinion, BCI should limit the number of law colleges, make attendance compulsory, and should insist the colleges to admit only those who are really interested in joining the profession.. being a genuine law graduate, many times i feel embarrassed, when people say, u wil get a law degree if u spend some bucks, in bangalore..


 


if u go to bangalore courts, u would experience the real pinch of it, where lawyers come and surround u like crows, if you are not wearing a black coat... and ask "sir du u want affidavit or notary ? i wll get it done 4 20 bucks..."


 


isn't it really embarrassing to the legal profession ?????

Vinodkumar Kotabagi (Advocate and Trademark Attorney)     24 February 2009

 This rule is already implemented in all the National Law Schools. And I think this is a good move. The profession will be the ultimate beneficiary if we receive young dedicated lawyers. This will definitely close the doors to the persons who chose Law because they were not successful in getting seats in other demanding courses. Thus, only the young 10+2s who really want to be in this field will get admission.

N.K.Assumi (Advocate)     24 February 2009

Dear All,


                                    Well, Well, Age bar in Law School, but what about age bar for enrollment in the Bar Council? See the Indian Council of Legal Aid  & Advice etc Vs Bar Council of India & Ors decided by the Supreme Court as reported in 1995 (1) UJ 344:: There is no bar for enrollment in the Bar, so what is the point of age limit in law School?

vikas mishra (ADVOCATE)     24 February 2009

THIS MOVE IS NOT AT ALL GOOD FOR CONSTITUTION GIVES RIGHT OF EDUCATION AT ANY AGE , BAR COUNCIL SHOULD INSTEAD FOCUS ON GIVING QUALITY EDUACATION IN THE UNIVERSITIES , THERE ARE NO PROPER LECTURERS, AND INFRASTRUCTURE IN THE COLLEGES JUST BY REDUCING THE OF ADMISSION IS NOT AT ALL GOING TO IMPROVE THE STANDARD OF EDUCATION

1 Like

N.K.Assumi (Advocate)     24 February 2009

Absolutely right Vikasji, Bar Council should concetrate on existing Law Colleges that exist in name only and recognised by the bar Council of the state issuing Bar Council certificate. Infact this is the poisoning of the Bar, but instead they are making a wrong and unreasonable steps with cut off  age for Law Colleges? Does the bar Council recognized the INTERNATIONAL Convention on the Elimination of all forms of discrimination in Education?

1 Like

aamele law (student)     12 March 2009

 Sir, 


I wish to pursue my LL.B this year and I am 35 years completed. I have heard that a PIL has been filed (in Pune and I am from Bangalore )and a prayer to dispose of before this academic year starts. 


> What happens now ? If the PIL is admitted and stayed will it be OK that the rule is relaxed and I can get admitted this year until the final disposal of PIL?


> What can I expect from PIL since I have already quit my job and wanted to do it full time ? 


 


 

Swami Sadashiva Brahmendra Sar (Nil)     13 March 2009

standard of profession must be maintained. however, Bar Council is not doing well in cheking the flood of substandard law colleges.

Vinodkumar Kotabagi (Advocate and Trademark Attorney)     13 March 2009

 Dear All, It is true that the BCI is not looking at the substandard law colleges. But I believe that there are sub standard colleges becuase there are no efficient law teachers at all. All the products of so called national law schools are absorbed by law firms and MNCs and hardly any good product of these schools come for academic teachings. It will also be interesting to note that these law schools also offer LL.M. courses, but they are only for name sake. No importance is given to the post graduate courses. This is also true becuase, now a days, no one wants to be a law teacher. Thus, we really dont know whom we should blame???

Vinodkumar Kotabagi (Advocate and Trademark Attorney)     13 March 2009

 Dear All, It is true that the BCI is not looking at the substandard law colleges. But I believe that there are sub standard colleges becuase there are no efficient law teachers at all. All the products of so called national law schools are absorbed by law firms and MNCs and hardly any good product of these schools come for academic teachings. It will also be interesting to note that these law schools also offer LL.M. courses, but they are only for name sake. No importance is given to the post graduate courses. This is also true becuase, now a days, no one wants to be a law teacher. Thus, we really dont know whom we should blame???

Swami Sadashiva Brahmendra Sar (Nil)     14 March 2009

u r right mr. kotabagi. there is dearth of good law teachers. to obtain eligibility to be selected as a law teacher takes a lot of time. LL.B then LL.M then Ph.D or NET. no inteligent student would like to invest so much time, energy and money. LL.M should be be considered equivalent to Ph.D and LL.B as PG degree. I think UGC should prescribe qualification for Law teacher as LL.B + NET or LL.M.


but the most shoking aspect is that so many colleges are being run / approved by Bar Council which are only on papers. they somehow obtain biodata of some eligible persons, show them as teachers in their  collegeges, they would pay nothing to them, even teacher would not know that he is on teacher's roll of some college , in many cases one teacher is employed in many colleges  and despite being aware of it the bar council is unable to chek.


therefore it is bar council who is to be blamed first.

aamele law (student)     29 March 2009

 Any one know any news about the PIL that has been filed in Mumbai High Court by Yasmin Tavaria regarding age bar in law schools. It was to be heard on 26th March 2009. 


If any of you know status ..pls update. Thanks. 

girish rathod (Software Developer)     15 February 2012

Nach na jane agan teda.

60 aged person, Criminal, corrupted people  can become MP, but person cross 30,40,60 cannot apply for law.

Bullsh*t thought, how r u to decide what i have to do, just because i bounded by the constitution i have to follow. constitution is in place to provide justice, to protect good people from bad. nothing more then that.

constitution  trying to lay down rule on my thought. Further if person is joining law it is his personal interest. Further 80% of the lawyer themself say that there is no use of fighting case do settelment. This how indian lawyer are.

One can apply for llb so that he can figth for his own justice and does not depend on the corrupted and moron system  for justicxe.

abhinav3060 (lawyer)     03 May 2012

this is nothing but unconstitutional ,n i think the students of law and other young lawyers should team up and go head on to challenge such a age bar for law ,as law is not a subject for a 20 year old .a matter of litigation only pursues in minds of adults and and experienced people .so to speak we give them fresh food they might eat for a day,but then they will never really learn fishing so they can eat for life .only time will tell the minds of these judges whilst they experiment on such bizarre rules like 20 years ,bhai atleast make it 30 for bballb and 35 for llb .how can you expect a student of 20 to gather so much knowledge of law ata young a age.yjos os discrimination thotoughly .i know so many victims of this process.

Kelly (software engineer)     10 May 2012

Classrooms being a picture of diversity in law colleges may soon be a thing about the past.If the new-age restrictions on judicial education are indeed implemented,then legal education will be forbidden for charted accountants,retired government employees and intersted enterpreneurs who wish to switch late to carrer in law.
Newspapers report that many people had filed cases in different High Courts against this decision of the BCI.

I believe that the judiciary will see this self-intersted and narrow measure for it.Moreover,law schools need to come up with clear age restriction policies and reasons explaining any such policy if for no other reason,then for the sake of transparency in decision making.

https://www.thebrydlawfirm.com


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