• Practicing law in India

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 ?
Asked 8 years ago in Intellectual Property

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7 Answers

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.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

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

Ajay Sethi
Advocate, Mumbai
96925 Answers
7820 Consultations

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.

Ajay Sethi
Advocate, Mumbai
96925 Answers
7820 Consultations

Dear Sir/Madam, No, BCI does not approve as per BCI Rules and Regulations and Advocates Act, 1961.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

yes, BCI will provide license but license fee is 25000 thousand if you have not completed your graduation (B.A, B.Sc. B.Com. Etc.) in India then fee is about 2.5 lakh.

if you did ll.b. in India thereafter ll.m. in abroad then you have to pay normal license fee i.e. 5000 rs

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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