Hi, Person must have LLB qualification then only he can be eligible to enroll as an advocate in India.
2. You have not done LLB, you did Diploma.
Dear sir/Madam, In UK, one can complete LLM (one year)full time after completing Graduate Diploma in Law (one year full time or 18 months part time). Does BCI approves this route to practice law ?
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Hi, Person must have LLB qualification then only he can be eligible to enroll as an advocate in India.
2. You have not done LLB, you did Diploma.
No it does not. You cannot do LLM in India unless you possess a full time bachelors in law from an institute recognized by the BCI.
to practise law in india your degree must be recognised by BCI
BAR COUNCIL OF INDIA
Part –IV
Rules of Legal Education
Rules on standards of legal education and recognition of degrees in law for the purpose of enrolment as advocate and inspection of Universities for recognizing its degree in law
under Sections 7(1)(h) and (i), 24(1)(c)(iii), and (iiia), 49(1)(af),(ag),and (d) of the
Advocates Act, 1961 made by the Bar Council of India in consultation with
Universities and State Bar Councils
2) “Bachelor degree in law” means and includes a degree in law conferred
by the University recognized by the Bar Council of India for the purpose
of the Act and includes a bachelor degree in law after any bachelor
degree in science, arts, commerce, engineering, medicine, or any other
discipline of a University for a period of study not less than three years
or an integrated bachelor degree combining the course of a first bachelor
degree in any subject and also the law running together in concert and
compression for not less than a period of five years after 10+2 or 11+1
courses as the case may be.
3) BCI would not approve this route to practise law
Recognition of Degree in law of a Foreign University
37. Degree of a Foreign University obtained by an Indian citizen
If an Indian national having attained the age of 21 years and obtains a degree
in law from a Foreign University such a degree in law can be recognized for the
purpose of enrolment on fulfillment of following conditions:
(i) completed and obtained the degree in law after regularly pursuing the
course for a period not less than three years in case the degree in law is obtained
after graduation in any branch of knowledge or for a period of not less than five
years if admitted into the integrated course after passing +2 stage in the higher
secondary examination or its equivalent; and (ii) the University is recognized by
the Bar Council of India and candidate concerned passes the examination
conducted by the Bar Council of India in substantive and procedural law
subjects, which are specifically needed to practice law in India and prescribed by
the Bar Council of India from time to time as given in the schedule XIV. Provided
that those who joined LL.B. course in a recognized Foreign University prior to
21st February, 2005 the date of notification in this regard by the Bar Council of
India need not seek for such examination, other aforesaid condition remain
same.
Provided the same privilege shall be also extended to Persons of Indian
Origin having double citizenship in India.
38. Enlisting a Foreign University
The Bar Council of India on the recommendation of the Legal Education
Committee may consider the application of a foreign University to enlist the
name of the University in the Schedule V of these rules. The degree in law
obtained from which Foreign University by an Indian national shall be
considered for the application preferred under Rule 37 above.
39. Recognition of a Foreign University
(I) For the purpose of recognition of Degree in Law under Rule 37 above, any
Foreign University may apply to the Bar Council of India for granting
recognition to such University.
(II) Such application shall contain (i) History of the University, (ii) its Hand
book, Brochure, Prospectus containing courses of study, (iii) University’s
standing in the Accreditation list made officially or by any recognized private
body, and (iv) any other information that the Bar Council of India may prescribe
from time to time and subject to inspection by the Bar Council of India of the
University, if necessary.
(III) The matter shall be placed before the Legal Education Committee with
all details and Legal Education Committee shall recommend to the Bar Council
of India.
(IV) Legal Education Committee may make any other enquiry as may be
needed to recommend the University whose degree in law shall be recognized
for the purpose of application under Rule 37.
There is no provision for enrolment as advocate in the advocates act for foreign degree in law.
BCI sets standards for legal education and grants recognition to Universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation,
You may go through the rules set out in this regard in Section A and B of the BCI rules for the educational qualifications that are required to be confirmed for enrolment a an advocate.
The basic rules governing the eligibility is given below for your information:
1. The five year course of law after 10+2 or 11+1 shall comprise two parts viz. Part I which will be a two year core programme of pre-law study and Part II which will be a three years programme for professional training in law.
2. (1) Save as provided in Rule 5 and Section B, Part IV of the rules hereunder, a degree in law obtained from any University in the territory of India shall not be recognised for the purpose of enrolment as advocate under the Advocates Act, 1961 from June 1, 1982 unless the following conditions are fulfilled: -
That at the time of joining the course of instruction in law for a degree in law, the person concerned has passed an examination in 10+2 or 11+1 course of schooling recognised by the educational authority of Central or State Governments or possesses such academic qualifications which are considered equivalent to 10+2 or 11+1 courses by the Bar Council of India.
The law degree has been obtained after undergoing a regular course of study in a duly recognised law college under these rules for a minimum period of five years, out of which the first two years shall be devoted to study of pre-law courses as necessary qualifications for admission to three year course of study in law to be commenced thereafter. The last six months of the three years of the law course shall include a regular course of practical training.
That the course of study in law has been by regular attendance for the requisite number of lectures, tutorials, moot courts and practical training given
by a college affiliated to a University recognised by the Bar Council of India.
3. (1) That the law education as prescribed in Section -A shall be through whole-time.
Further rules can be noted after a bare reading of the rules in this regard.