A recent Public Interest Litigation (PIL) petition filed in the Supreme Court has stirred a significant debate by advocating for the introduction of a 3-year law degree course accessible to students directly after completing high school. At present, the LL.B course, which students can pursue after 12th standard, spans a duration of 5 years. However, the petitioner, Advocate Ashwini Upadhyay, contends that this extended duration is "unreasonable and irrational."
Arguments and Grounds of the Petition
Advocate Upadhyay's petition challenges the necessity of a 5-year LL.B course, arguing that students can adequately cover the required subjects within a 3-year timeframe, equivalent to 6 semesters. The petitioner asserts that the current duration is arbitrary, irrational, and violates Articles 14 and 21 of the Constitution, which uphold equality and the right to life and personal liberty, respectively.
The petition highlights several reasons why a 5-year duration is deemed excessive and burdensome:
- Lack of necessity: The petitioner argues that a Bachelor's degree in Law does not necessitate a 5-year duration.
- Unsuitability for students: The prolonged period places undue strain on students.
- Disproportionality: Five years is deemed disproportionate to the study of law.
- Financial burden: The extended duration imposes excessive financial burdens on students.
Moreover, Advocate Upadhyay suggests that reducing the duration to 3 years would afford students an additional 2 years of court practice experience. Drawing on examples like Ram Jethmalani and Fali S Nariman, who began their legal careers at young ages, the petitioner questions the rationale behind "wasting" two additional years in college instead of commencing professional practice in one's early twenties.
Comparative Analysis and Feasibility
The petitioner draws attention to the disparity between law courses and other undergraduate programs like Bachelor of Arts, Bachelor of Commerce, and Bachelor of Science, which are completed in 3 years post-high school. This juxtaposition prompts a critical inquiry into the feasibility of offering a Bachelor of Law degree within the same timeframe, thereby eliminating the need for an intermediate degree.
Call to Action and Urgency
Highlighting the impending admissions for new courses commencing in May-June, the petitioner urges the Court to expedite its decision on the matter. By seeking direction to the Centre and Bar Council of India to establish an Expert Committee to evaluate the feasibility of a 3-year law degree course after 12th standard, the petition aims to address the perceived disparities and inefficiencies in the current legal education system.
Conclusion
The PIL petition challenging the duration of the LL.B course reflects a broader discourse on legal education reform in India. By questioning the necessity and rationale behind a 5-year duration, the petitioner advocates for a more streamlined and accessible pathway to legal practice, aligning with the evolving needs and aspirations of students and the legal profession.
