Upgrad LLM

age limit for legal studies


I am a law aspirant and the recent age limit to LLB admission is a big issue for me. To know more about this I did my research and found some interesting fact from some articles.

  1. Eight years ago, the BCI had introduced the Rules on Standards of Legal Education framed under the Advocates Act of 1961. Clause 28 in the Schedule III of the Rules sought to impose an age cap for prospective law students. The maximum age limit for joining the Bachelor’s law course was set at twenty years for general category students and twenty-two for SC/ST/OBC students
  2. Punjab & Haryana High Court held that the rule was arbitrary and irrational and that the making of such rule was “beyond the legislative competence” of the BCI.
  3. After a slew of petitions in different high courts challenging Clause 28, the BCI formed a one-man committee of advocate S Prabhakaran to peruse the validity of the provision. The same committee found that the clause fell afoul of Article 14 of the Constitution and recommended its deletion. Subsequently, the BCI passed a notification on September 28, 2013, withdrawing Clause 28.
  4. Bombay High Court had earlier declared Clause 28 as non-existent.
  5. Yasmin Tavaria, challenging the constitutionality of the provision. She submitted that once the clause has been struck down [by the Punjab & Haryana High Court], there was no occasion for the Bar Council to withdraw the Gazette Publication containing the impugned Rule. A Bench of Justices AS Oka and AK Menon concurred with this view and held, “Suffice it to say that the decision of the Punjab and Haryana High Court has attained finality and hence, the impugned Regulation/Rule 28 does not exist on the Rule Book…The Bar Council of India is bound to consider the finding of the High Court that the Rule is arbitrary and is violative of Article 14 of the Constitution of India.”

  6. B Ashok, an advocate of the Madurai Bench of the Madras High Court. In his writ petition, he prayed that the BCI notification withdrawing Clause 28 be quashed as it was in contravention of the amendment procedure under the Advocates Act. A Division Bench of the High Court allowed the petition.
  7. The BCI then challenged the decision before the Supreme Court of India; however, a Bench of JS Khehar and Rohinton Fali NarimanJJ. upheld the Madras High Court verdict and asked BCI to follow the proper procedure

After collecting all these facts all I understand is that Clause 28 is unconstitutional and got withdrawn and since the BCI did not follow the proper procedure the Madras High court ordered them to follow the proper procedure which the  SC supported. IF this is the case why is the clause reinstated ? Why is BCI instructing all the colleges to implement the age limit? Even though the withdraw procedures were not followed the law was declared unconstitutional so why is it still beeing followed? Is there any way for me get admission pointing out the above-said facts ? (I am trying to get admission in 2017 )

 
Reply   
 
Retired employee.

The rules were already announced and comes into force since 2017 batch.

 
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The Kerala Government had issues an Order in line with the BCI guideline related to age restriction and the Hon High Court of Kerala had put a stay on this order on 25th Oct 2016 hence for the academic year 2016-2017 there wont be any age restriction for the LL.B course in Kerala is what I understand from this stay.

Attaching the stay order from HC



Attached File : 367753 20161028093758 241478234 age verdict.pdf downloaded 71 times
 
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p

All Professional courses there is a mess in the country , one governing body is contesting the decision of another governing body somewhere in High Court or  Supreme Court. 

 

I have come to conclusion and I recommend all my friends forget them and concentrate on studies.

Few famous eg.

 

1) Architect -- Council of Architect (Under Architect act) vs AICTE (All India Council of technical education ) Vs University vs IIA (Indian Institute of Architecture Vs series of Cross PIL

2)  Medical - Medical Council of India Vs State Govt Vs University Vs students Vs some boards Vs series of Cross PIL

3) Legal -- Bar Council of India Vs State Govt Vs Colleges Vs Universities Vs PIL supporting that age restriction violates fundamental rights etc.  Vs those claiming senior student should be debarred vs  Those who want the course for Open University and those opposing it . 

 

Now I conclude In India if you want to study forget them concentrate on your self-study , Latest donation rate for LLB I heard in Mumbai is around 4 Lakhs . Additionally, Colleges don't have faculty . What they are going to teach God knows. 

 

If you want to give admission give it or go to hell  we will do the self-study  if this is attitude then only you can survive in this system don't depend on upon colleges and universities and this body. 

 

 
Reply   
 
Lawyer

Well researched, there are number of other judgments on the issue and clause 28 has already been declared "unconstitutional".

Any one who is elegible to pursue the course, of any age, can complete LL.B. as per University rules and there is no restriction imposed by BCI.

 
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Advocate

I agree to the views expressed by expert Doctor Vashista Sir on the subject matter. 

 
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