SC asks Bar Council of India to clarify stand on age limit for five-year law courses

The Supreme Court asked the Bar Council of India to clarify whether it would withdraw the upper age limit for admission to five-year integrated law courses. The BCI defended the restriction, citing residential courses and alternative three-year law programmes.

New Delhi: The Supreme Court on Friday asked the Bar Council of India to clarify the apex bar body’s stand on whether it is willing to withdraw the upper age limit prescribed for admission to five-year integrated law courses.

In March 2017, the top court had stayed the decision of the Bar Council of India (BCI) prescribing an upper age limit of 22 years for the five-year LLB course and 45 years for the three-year course.

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A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana directed the BCI to apprise the court of its stand on a plea challenging the age restriction.

The matter will be taken up after two weeks as the BCI sought a week to obtain instructions on the matter.

During the hearing, counsel for petitioner Rishabh Duggal questioned whether the BCI’s power to prescribe minimum qualifications for admission could also be used to impose an upper age limit on aspirants seeking admission to law courses.

The BCI defended the age restriction, saying, “We have imposed the upper limit because most of the five-year law courses are residential,” adding that the court could determine the appropriate age limit.

The apex bar body also pointed out that students wishing to pursue legal education at a higher age could opt for the three-year law course, most of which, according to the council, are non-residential.

Justice Bagchi, however, questioned whether the residential nature of a course could form the basis for prescribing an upper age limit.

“Not all five-year law courses are residential. See Calcutta University. This is not really a criterion to determine the upper age limit,” Justice Bagchi said.

The BCI said the court could pass appropriate orders on the issue.

The BCI had originally prescribed an upper age limit of 20 years for general-category candidates and 22 years for candidates belonging to SC, ST and backward communities for admission to five-year integrated law courses under Clause 28 of the Rules of Legal Education, 2008.