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SC issues notice to Bar Council Of India regarding the age limit of LLB Courses

  • A petition filed by two law aspirants challenging the maximum age limit of 20 years for taking admission to the 5-year integrated law degree argued that Clause 28 of Legal Education Rules, 2008, which restored the maximum age limit of 20 years for taking admission to the 5-year integrated law degree, was arbitrary and unlawful.

    Senior Advocate Sanjay Hegde and Advocate on Record Zoheb Hossain (both appeared pro-bono) submitted that the new stipulation violates the fundamental rights of aspiring law students under Articles 14, 19(1)(g) and 21 of the Constitution.

    Following the said petition, The Supreme Court, comprising of Justice Dipak Misra and Justice Arun Mishra on Tuesday issued notice to the Bar Council Of India (BCI), returnable in four weeks. Though the bench has not stayed the operation of the rule but gave liberty to the petitioners to mention the matter for interim relief, if required.

    The petitioner has also stated that a number of High Courts have given conflicting judgments, therefore in order to endure consistency and uniformity in the lives of students, interference of Supreme Court is indispensible.  

    The petitioners also pointed out that the said clause was held to be ultra vires the provisions of the Advocates Act, 1961, by the High Court of Punjab & Haryana in Rajan Sharma v. The Bar Council of India and the High Court of Bombay in Yasmin E Tavaria v. Union of India, respectively. However, a conflicting view has been taken by the High Court of Madras in M. Santhosh Antony Vareed v. The Registrar, Tamil Nadu Dr. Ambedkar Law University, Chennai, wherein the high court upheld the upper age limit of 30 years for admission to the 3-year bachelor degree course in law.
     

    OUR TAKE

    Restricting and prohibiting a student above the age of 20 from taking admission to the 5-year integrated law degree is not only against Articles 14, 19(1)(g) and 21 of the Constitution but also arbitrary and illogical. It is high time that supreme court interferes and quash such harsh and draconian laws for the benefit on society in large.


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