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(a) whether there is any mode of Distance Education Programme for under
graduate and post graduate courses in legal education in the country;
(b) if so, the details thereof;
(c) the number of initiatives taken to improve legal education in the country;
(d) whether a number of advocates have still not cleared All India Bar Examination
and continuing their practice in the courts; and
(e) if so, the action taken against them?
ANSWER
MINISTER OF LAW AND JUSTICE,COMMUNICATIONS AND ELECTRONICS &
INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) & (b) The Bar Council of India (BCI) is regulating LL.B (graduate) course and is
not regulating any under graduate courses related to law at the moment. However
certain diploma courses like Cyber Diploma, IPR Diploma etc. are being offered by
certain Universities/ institutions. LL.B course is only recognized through regular
mode and not through any other open or distance learning mode. The BCI is
presently in the process of finalizing rules, regulations and guidelines for LL.M
regular course and the draft rules are at discussion and deliberation stage. The BCI
is considering the issue whether LL.M can be properly pursued through Open and
Distance Learning or not.
(c) The following initiatives are taken by the BCI to improve the Standard of Legal
Education in the Country:-
(i) The Syllabus and other norms are laid down by the Bar Council only in
consultations with the Universities of the country.
(ii) Bar Council of India lays down norms; decides syllabus; has provided
at least 70% attendance in class-room teachings mandatory, but the
immediate responsibility to implement them lies with the Universities.
(iii) The Bar Council of India has decided to close down all such colleges
next year and the Institutions, if they do not fill up the vacancies of
teaching staff, they will not be allowed to admit students from next
academic session.
(v) The BCI has issued a circular asking all Centers of Legal Education to
ensure that biometric attendance of students should be ensured.
(vi) The Legal Education Rules of Bar Council of India, are in the process
of being amended with aid and advise of Hon’ble sitting judges of
various High Court, Law Professors, inclusive of Vice Chancellors of
reputed Universities, and various legal luminaries and it has been sent
for circulation among all the Universities and State Bar Councils for
their opinion and further suggestions.
(vii) The BCI is also issuing circulars from time to time to the Universities,
State Government’s Higher Education Departments/ Institutions for
improving the standards of Legal Education.
(d) & (e) A person/candidate can practice in India after enrolment in any of the
State Bar Council. All India Bar Examination (AIBE) is mandatory for all Advocates
those who have passed LL.B (graduated) from the academic session 2009-2010. It
is not applicable for those advocates who have graduated in Law before the
academic year 2009-2010.The Bar Council of India has already passed a resolution
dated 12th January, 2019 and resolved that those who have not passed the All India
Bar Examination within a period of two years after their enrolment, are not entitled
to practice in any Court of Law including High Court, Supreme Court of India, in
Tribunals and even in the Consumer Forums. From AIBE-I to AIBE-XIV the total
number of advocates appeared in the All India Bar Examination is 4,72,944 and out
of which 3,70,685 have cleared the said All India Bar Examination.