I am keralite, took admission for 3 year LLB in Bengaluru Law college.
I was not aware that Kannada is made mandatory language in law course. This decision to make Kannada as mandatory subject in second semester was decided after admission was confirmed in college. I challenged in the Karanatak HIgh court on the to discmiss the order of Kannada as mandatory language in LLB. But the petition was dismissed saying it is educational policy.
Looking for help on any ground that could be added while approaching Supreme court. Below are grounds in the petition which were not considered in High court.
3-year LL.B. course is a category of post-graduation course. The Rules of Legal Education recognizes this. Part IV of the Bar Council of India Rules (Rules on Legal Education), Page No 5 provides the eligibility criteria for admission to LL.B. course. Eligibility for admission: (a) Three Year Law Degree Course: An applicant who has graduated in any discipline of knowledge from a University ............... whose degree in law is recognized by the Bar Council of India for the purpose of enrolment
Kannada Language is not falling under specialization for legal courses. As per BCI, schedule II of rule of Legal education, Page 25 and Page 29, prescribes the freedom of University to add subjects in specialization mentioned, or, bring in a new specialization as university thinks deemed fit for the purpose of LL.B. Petitioner is in view that Kannada is not a subject under specialization for LL.B. Quick overview of rules of legal education referred. SCHEDULE II of Bar Council of India Rules (Rules on Legal Education), Page no 21 to Page 29 lays out Universities responsibility and guidelines to define the Law courses. Page 21 says, 2. University’s responsibility: A University is free to design its academic program under LL.B. and LL.B. Honours course as well as program under the integrated degree program in Bachelor degree component as well as the LL.B. component with or / and without Honours course. However, LL.B. courses shall include the courses as stipulated under this schedule.
Page 25 says Part II (C): Not less than six papers from any of the following groups (paper 25 to 30) However a University is free to take only a few common options for the purpose of LL.B. course without any specialization: Page 29 says, University’s power for additional subject /group: Provided that a University/ School may add to the above list of subjects as well as a New Group of subject specialization with such papers as may be stipulated from time to time. Students in the general law course have to take not less than six papers from any three or more groups. Further Page 29 says, Freedom to University - University may restrict Groups and/or subjects in a group for offering options based on availability of faculty and other facilities.
The student on completion of 3-year LL.B. degree may not practice in a court that need knowledge about Kannada language, or even may not practice in court of law
// Ground 4/
The medium of language used in High Court and Supreme Court is English, and English can be improved with Subjects in LL.B. which are core legal subjects and learning relevant case laws.
// Ground 5/
The order that made Kannada as a mandatory subject is discriminatory, arbitrary and violates equality (Article 14) by keeping willingness to learn Kannada as a mandatory base for learning law. By making Kannada as a mandatory subject, KSLU is providing 3-year law course only to students who are willing to learn Kannada language. The order that made Kannada as a mandatory for 3-year LL.B. is indirectly separating law aspirants into two groups. First group who are willing to learn Kannada, and second group who are not willing to learn Kannada, thus discriminatory. The exact reason for KSLU to introduce Kannada language in 3-year LL.B. is not known. RTI to KSLU is filed via email (Annexure - D).
The state language as a subject is currently present only in KSLU in second semester, 3-year LL.B. course. The introduction of Language subject is diluting focus of LL.B. being a core Law course. Also, the disparity of results with other university students where aggregate is pulled down due to language subject can be disadvantage while considering against government jobs or for further studies, for example need of 55% or 60% aggregate in LL.M. admission.
Speed of learning a new language depends on learner’s natural ability, prior linguistic experience, and hours spent on the language learning and practice. Semester duration is usually approximately 4 months. Learning a new language to read, write, and to translate to/from English together with other law subjects within this short time is challenging and can impact the semester results to a great extent. https://www.state.gov/foreign-language-training/ (Annexure- F) specifies hours required to learn different languages, and learning Kannada though limited to basic in one semester will put the students in loss.
As there is no age bar to learn law, learning new language at later age can be a disadvantage for a non-Kannadigas to pursue LL.B. course under KSLU.
The students will be put to hardship and forced to learn a new language in short time, and therefore severe loss in assessments or exams in the semester that affects the degree to be awarded.
The Kannada is a state language, and is not specialization or mandatory in Legal course
It is not mandatory to practice in court of law after completing LL.B. course
The Official language in High Court and Supreme Court is English.
// Looking for any additional grounds that could help.
Thanks for your help in advance.