The Supreme Court today proposed that a meeting be held with all stakeholders to address the concerns raised in the pleas challenging the Bar Council of India’s decision (which was later rescinded) to abolish the one-year LL.M. program and derecognize foreign LL.M. degrees.

The meeting would aim to resolve various issues, including the requirement for a one-year teaching experience for those holding a one-year LL.M. degree for its recognition.

The Court further noted that if the issues are not resolved through this meeting, it will proceed to hear the matter on its merits.

A bench of Justices KV Viswanathan and N Kotiswar Singh heard the case and observed that the only remaining grievance pertains to Clause 20(3) of the Bar Council of India's notification dated 02.07.2021. This clause mandates a one-year teaching experience for holders of a one-year LL.M. degree—whether obtained from an Indian or foreign university—in order for the degree to be recognized.

During the proceedings, it was revealed that the Bar Council of India had issued a circular on 20.05.2024, which stipulates that only individuals with a recognized foreign LL.M. degree, accompanied by teaching experience, are eligible to pursue further studies in law. As the validity of this circular was not challenged in the petitions, the Court allowed time for the petitioner to make the necessary amendments.

Additionally, the Court directed the Ministry of Law and Justice, the Ministry of Education, and the University Grants Commission to file their responses after the required amendments are made.

In brief, two petitions were filed before the Court challenging the Bar Council of India’s decision to scrap the one-year LL.M. program. One petition was filed by law student Tamanna Chandan Chanchlani in January 2021, and the other by the Consortium of National Law Universities in February 2021.

Among the various contentions raised, one argument was that the Advocates Act, 1961, grants the Bar Council of India (BCI) the authority to regulate legal education only in relation to qualifications for enrollment to practice law. Since an LL.M. degree is not a qualification for enrollment, it was argued that the BCI’s decision to regulate the LL.M. program fell outside its jurisdiction.

In March 2021, the Bar Council of India (BCI) assured the Court that the rules abolishing the one-year LL.M. program, namely the Bar Council of Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical, and other Continuing Education) Rules, 2020, would not be implemented in 2021. Following this, several circulars and notifications were issued, which helped narrow the scope of the controversy.

However, these communications introduced a new requirement: one year of teaching experience for holders of a one-year LL.M. degree for their degree to be recognized.

Advocate Rahul Shyam Bhandari represented the lead petitioner, Tamanna Chandan Chanchlani, who is aggrieved by the condition that her foreign LL.M. degree would not be valid in India unless she completes a one-year teaching program within the country.

Case Title: TAMANNA CHANDAN CHACHLANI VERSUS BAR COUNCIL OF INDIA & ORS., Writ Petition(C) No. 70/2021 (and connected case)