PIL Filed in Supreme Court Urging Direction to Central Government to Constitute an Expert Committee to Evaluate Feasibility of Allowing 3- Year LL. B Right After 12 th Class
(Judicial Quest News Network)
Advocate Ashwini Kumar Upadhyay has filed a Public Interest Litigation (PIL) in the Supreme Court, urging the central government and the Bar Council of India (BCI) to establish an expert committee. The purpose of this committee would be to assess the viability of introducing a 3-year Bachelor of Law Course after the 12th standard, similar to Bachelor of Science, Bachelor of Commerce, and Bachelor of Arts courses.
The petitioner argues that the five-year duration for law course is unreasonable, arbitrary and violates Article 14 and 21 of the Constitution of India. He contends that this extended duration is not suitable for students and impose a significant financial burden.
It is further submitted that “respectfully submits that the students can easily study 15-20 subjects in 03 years i.e. 06 semesters. Therefore, the present duration of 05 years i.e. 10 semesters for Bachelor of Law Course is unreasonable and the inordinate duration is arbitrary and irrational and hence violates Articles 14 and 21 of the Constitution. “The plea states.
Referring late jurists Fali S. Nariman and Ram Jethmalani the petitioner submits that if a person can become a legend of the bar by starting their law career in just 17 years, then why should the youth waste 02 additional years of their life in the 05 years integrated course and not start their career from a young age of 20-21 years? It’s not that starting early is a sine qua non for success but it is certainly helpful for bright students.
The former law minister, late Sh. Ram Jethmalani, completed his Law degree in just 17 years and started his Law firm at the age of 18 years. Was there any 5 years LLB course to bar his progress and obscure his vision? There was none. The eminent jurist and former Attorney general late Sh. Fali Nariman completed his law in just 21 years. There are numerous examples of prodigies not being encumbered by a rigid system which focuses more on being the jack of all rather than being the master of one.
It is also submitted that the students are being cheated and they don’t even know it. Deceitfully, and that too in the name of education, parents’ hard-earned money is being drawn out of their bank accounts and into the treasury of management. Being oblivious to the fact that degrees starting with ‘Bachelor of’ can be obtained after 12th standard and that degrees don’t take more than 03 years to complete, a family pours in its savings to educate their children. And girls bear the biggest hardship of this situation.
In a stereotypical family, which does not consider education to be paramount for girls, a significant fee for a prolonged period of time proves to be more of an incentive to not educate their children, especially girls.
He also highlighted disparities with other career paths, noting that civil servants can begin their careers immediately after undergraduate studies, whereas aspiring lawyers are required to complete five years of study.
The PIL prays to direct the Centre, Bar Council of India and Consortium of the National Law Universities to prepare a detailed roadmap to attract the best talent in the legal field in order to ensure fair trial and to secure right to speedy justice guaranteed under Article 21 of the Constitution. The prayer clause reads
Case Title: Ashwini Kumar Upadhyay v. Union of India & others
