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Introduction: PIL Pushes for Overhaul in Legal Education System

In a noteworthy legal development, a Public Interest Litigation (PIL) has been filed before the Supreme Court of India urging the establishment of a Legal Education Commission. The PIL, initiated by Advocate Ashwini Kumar Upadhyay, a prominent lawyer and BJP leader, calls for a comprehensive review of the curriculum, structure, and duration of the Bachelor of Laws (LLB) and Master of Laws (LLM) programs in India. The plea draws attention to the disparity between current legal education policies and the National Education Policy (NEP) 2020, demanding urgent reforms to enhance efficiency, accessibility, and relevance in legal education.

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Key Grievance: Long Course Duration and High Fees Burden Students

The crux of the petition lies in challenging the five-year integrated LLB course, which the petitioner alleges is structured in a way that primarily benefits private law colleges financially. Upadhyay argues that the excessive duration combined with exorbitant tuition fees makes legal education inaccessible to students from economically weaker sections.

He emphasizes,

“The 5-year B. Law Course appears to have been framed under the pressure of private college management to maximize profits. Students not only pay too much but also lose precious years due to such a lengthy course.”

The PIL also highlights the issue of the three-year LLB course and the LLM structure, which have similarly remained outside the scope of recent education policy reforms.

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NEP 2020 vs Legal Education: A Policy Mismatch

Advocate Upadhyay argues that while NEP 2020 envisions streamlined and multidisciplinary four-year graduation models across various disciplines, the Bar Council of India (BCI) has failed to respond appropriately in the context of law. He questions why law education continues to follow a rigid structure without being aligned with NEP’s flexible and modern vision.

This contradiction, the PIL says, hinders early career development, especially when early starters in law like Ram Jethmalani and Fali Nariman could flourish under shorter programs.

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Legal Luminaries as Role Models

The petition draws compelling comparisons with iconic figures from Indian legal history:

• Ram Jethmalani completed law at 17 and started practice at 18.
• Fali Nariman, another eminent jurist, earned his law degree by the age of 21.

Upadhyay asks why today’s bright legal minds must be restricted by “a rigid system that focuses more on being jack of all trades rather than master of one.”

The argument is built on the idea that a flexible, well-structured legal education system can produce outstanding lawyers earlier and more efficiently.

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Demand for Legal Education Commission: A Structured Reform

The PIL seeks direction from the apex court to compel the Central Government to establish a Legal Education Commission, similar to existing bodies in the field of medical education. The petition proposes that this body or an expert committee should consist of:

• Eminent jurists
• Senior advocates
• Retired judges
• Educationists
• Law professors

The commission would be tasked with reviewing and revising:

• The syllabus and curriculum of law degrees
• The duration of the LLB and LLM courses
• The teaching methodology and professional skills training
• Access and affordability in legal education

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Absence of Regulatory Response from BCI

The petitioner expresses concern over the Bar Council of India’s inaction, pointing out that no expert committee or consultative process has been initiated to align legal education with contemporary professional standards or NEP guidelines.

He calls the inertia “deeply unfortunate” and submits that without intervention from the Supreme Court, no substantive progress will be made.

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What the Petition Seeks

The PIL seeks the following reliefs from the Supreme Court:

1. Direct the Centre to set up a Legal Education Commission.
2. Mandate the BCI to re-evaluate the structure and content of the LLB and LLM programs.
3. Ensure alignment of legal education with the goals of NEP 2020.
4. Reduce the duration of LLB and restructure legal pedagogy to allow earlier career entry.
5. Make legal education more inclusive, efficient, and practical in design.

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Significance of the PIL

This petition could potentially pave the way for transformational reforms in the legal education landscape. By advocating for shorter, skill-focused law courses and calling for policy alignment, it echoes long-standing concerns from students, educators, and legal professionals about the outdated and rigid structures of law curricula in India.

Should the Supreme Court act on this plea, it could lead to the formation of India’s first dedicated Legal Education Commission, setting a precedent for structural reforms in professional legal education.

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