Tel. 011-4922 5000 Fax 011-4922 5011 Grams New Delhi E-mail :info@barcouncilofindiaorg' Website was area BAR COUNCIL OF INDIA (Statutory Body Constituted under the Advocates Act, 1961) Rouse Avenue Institutional Area, New Delhi - 110 002 No. 1) .2nd January, 2017 New Delhi TO All the Vice Chancellors and All the Registrars of the Universities Imparting legal education Sub: Rules of Legal Education (First Amendment) Rules, 2016 including the issue of granting of equivalence to postgraduate and other higher quali?cation/s in law from foreign Universities including one year LL.M degree. Sir/ Madam Kindly go through the attached draft of the Rules of Legal Education (First Amendment) Rules, 2016. It is. also contains rules relating to the issue of granting of equivalence to postgraduate and other higher qualification/s in Law from foreign. Universities including one year LL.M degree so that they can be considered equivalent to the corresponding degree (8) awarded by Universities in India, for the purposes of further higher studies and employment. The office of the Bar Council of India is directed to send the attached draft rules to the Universities for their views and comments. After receiving the views and comments from your end, the matter may be placed for consideration before the Bar Council of India. Therefore you are requested to send your comments and views to the Bar Council of India positively within a period of 15 days of receipt of this letter in order of enable of the Bar Council ofIndia to take a ?nal decision in this matter. Yours sincerely (Srlmanto Sen) SECRETARY - e. HF I1 BAR COUNCIL OF INDIA Rules of Legal Education (First Amendment) Rules, 2016 I These Rules of Legal Education(First Amendment)Rules, 2016 are inserted as Chapter VII to XI as noti?ed under Section and Section 49 of the Advocates Act, 1961, to stipulate minimum standard quali?cation of the faculty to be appointed by any Centre for Legal Education comprising University Law Schools, Af?liated Law Schools, orany Law College run privately or as public institution to teach in any Unitarybr Double degree Law course or both, and also rules to determine equivalence of degrees awarded by any foreign University, which is recognized by the?Bar Council of India for the purpose of studying as a requisite condition for enrolment and -On matters incidental thereto. CHAPTER v11 General provision [Rule 48] Name of the amending Rules and date of application: These Amending Rules shall be known as Bar Council of India Legal Education Rules, 2008 (First Amendment), 2016. These First Amendment Rules shall come into force as and when noti?ed by the Bar Council of India. These Rules shall be inserted as Rule 48 to Rule 53 in Chapter VII of the Legal Education Rules, 2008. [Rule 49] Insert the following termsrin the Rule 2 on De?nition in the main body of the Rules: (iia) Assistant Professor shall mean an Assistant Professor appointed as such with . such prescribed quali?cation in the subject concerned and in such appropriate scale of pay as prescribed by the University Grants Commission from time to time. (iib) Associate Professor shall mean an Associate professor appointed as such with appropriate quali?cation and experience in the appropriate subject and in such a scale of pay as prescribed by the University Grants Commission from time to time. . q. H. mw;_urgh m- .. . (va) Core Faculty shallmean and include as stipulated in Rule 50. (viia) Faculty staff shall mean and include all faculty members with teaching assignment in whatever capacity; (xva) Lecturer appointed as such for temporary, term, full time or part time assignment but cannot?be considered as regular assignment in the absence of any such regular position in the teachinngaculty under rules, by the authority on such pay and allowances as may be agreed upon. (xxia) Professional (Teaching) assistant/associate appointed as such on full time basis upon such term, pay and allowances as may be agreed upon. (xxib) Professor shall mean a Professor appointed as such with such quali?cation and experience in the appropriate subject and placed in such appropriate scale of pay as prescribed by the University Grants Commission from time to time. CHAPTER Core Total Faculty strength Rule 50: Core Faculty strength: 2 Notwithstanding whatever has been stipulated in any provision of the Legal Education Rules, 2008 and Schedules thereunder Core Faculty shall comprise the essential strength at any given time, but for which the Bar council of India may not permit the sanction of the Legal Education Centre af?liated to any University and the core faculty shall comprise essential full-time faculty memberS-based on the following calculation as laid down below and'on the basis ofsat least one whole time faculty member quali?ed and competent to teach all subjects/papers taught in the current semester/year in each section of the course: (1)English Language: 1 post subjects: (There has to be at least 3.3.subjects to be offered) Political Science: 1 post Economics: 1 post History: 1 post Philosophy Logic: 1 post 1 post Sociology: 1 post . Subjects: (At least three be offered) 0-..- 0.Chemistry: 1 post Life Science: 1 post Mathematics: 1 post Physics: 1 post 1 post Subjects (At least three subjects to? be offered in each approved branch)) - Accounts/Finance: 1 post - Behavioural Science including HR: 1 post Business Economics: 1 post Business Organizations: 1 post Marketing: 1 post Principles of Management: 1 Post (5)Law Subjects: (all of the following as an when introduced at the initial years) Constitutional Administrative: I post Contract Commercial: 1 post Corporate and Market regulatory: 1 post Crime Criminality: 1 post International Laws: 1 Post Labour Industrial Law: 1 post Other Public Laws Family Laws: 1 post Taxation laws including land-tax: 1 post Clinical program: 1 post three years? course shall onlyhave faculties for law above? list. However?Legal Education Centres in p0ssess any faculty until; the subject/paper is However core in a subjects as mentioned in the their initial years may not introduced. Illustration: Suppose in case of new recognition- a Legal Education Centre/College/University Faculty has only papers in Constitutional Law, Contract, Tort, and Law of Crime. It may not recruit" any faculty staff for Corporate Law, Labour Law, I ntemational Law, and Taxation. Faculty for these subjects could be appointed when the .subjeCt/paper is introduced. ntment of .core faculty shall not be calculated on the Provided that the appoi stipulated by the UGC from-time to time and one basis of any work-load a A4, Mg 313faculty is not to be shoWn for teaching mor?than one subject as per the above list. Illustration: A appointed in Constitutional Law cannot be shown against Commercial Law or International Law or Criminal Law. Suppose in Constitution law subject there are only il2?periods are allotted in a week, his name cannot be put to teach Criminal Lawfor;6 hours. Provided further that; the core faculty not be based on the ratio of teacher-students as may??be prescribed by the?Bar Council of India, from time to time Illustration 2: Suppose in a Legal Education Centre/college/Faculty of a University there are total 600 students, and suppose the ratio of faculty-students is stipulated as 1:20 Core Faculty shall not be calculated based on 600 to be divided with 20, giving the number of 30. Rule Total strength of the Faculty: Total faculty strength shall be calculated on the basis of: (a)Core faculty; (b)Work load per faculty member as may be prescribed by the UGC from time to time in case of full time faculty members including core faculty members and work?load of Part time/Visiting faculty members as may be agreed from time to time under the terms o?agreement; and A (c)If an application is?:made for course in any of the subject-areaias stated above :or any other subj ect-area not included in the above list of undergraduate course component, if required and Law Subjects enlisted above, there must be at least 3 post'sizin that subject/subj ect?area but for which, permission for, introducing specializat'iOn/honours shall not be given. Illustration: Suppose, honours is proposed in one College/Law School/Law Faculty/Law Department in Business Law, there has to be at least 3 full time faculty members (to meet the teaching load of 45?54 class hours per week) which may be supplemented by supporting teaching staff like, Teaching Assistant/ Part Time Nisiting Faculty, as the case may be. Rule 52: Faculty-students ratio: It shall be endeavour of the University to maintain a faculty-student ratio in each of its affiliated/constituent colleges as . . . . . Page [5 well as in its Faculty/School or Department not exceeding? 1:20 on a continuous process and any failure over a period of three months shall be considered as a regulatory breach on which penalty may be imposed. IX Minimum Quali?ca?on of the Rule 53: Minimum for teaching assignments: For the purpose of appointing faculties in?all Law Schools teaching Arts, Social Sciences, Humanities, Science, Commerce, languages, Law, Management, Engineering and Technology courses shall generally follow the minimum quali?cation for the recruitment of faculty at various stages, as prescribed by the University Grants Commission and in speci?c follow the following conditions: (1)For Assistant Professor in Arts, Social Sciences, Humanities, Science, Commerce, languages, Law, Management, Engineering and Technology: Essential quali?cation: at least 55% marks in the aggregate or equivalent Grade (such as, or Cumulative Grade Point Average (CGPA) in a de?ned scale, Provided that LL.M. course with one year duration introduced by the UGC in and areallowed to be one of the minimum essential quali?cation for Assistant Professorship as at present, shall not be considered as one of the essential quali?cation unless supported by and supplemented with M.Phi1. degree. This proviso shall come into effect-only after the same isfnoti?ed and shall not apply to those who have completed-the one year or entered into the course before the date of noti?cation. Provided that in case of Management Sciences, Engineering or Technology the minimum quali?cation shall be Master Degree in Management Science (with any abbreviation MBA, MCA, MMA, etc.) or in the Engineering or Technology( with any abbreviation?of ME or M.Tech.) With First Class (at least 60% marks) or equivalent Grade (such as, or (such as 5 in 7 point scale or 6 in 10 point scale). (ii) Good academic record in all public examinations?throughout academic career having similar percentage of marks or Grade or Cumulative Grade Point Average in a given scale A A V, A-.. Lla-A?b A APagelpG Clearance of National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited body by the UGC like Provided that in case of Law, such a Test conducted by BarCouncil of India for the purpose, if any, shall prevail. However, in case a quali?ed faculty. is not available or found suitable for a position of in any subjeCt, a Lecturer/Teaching Assistant with at least 3 may be considered if found suitable for the assignment, Providediihat such an incumbent has to complete his/her research work and submit the thesis for his/her degree within 3 years during which period increment may not be given. In case a quali?ed faculty is not available or found suitable for a position of Assistant Professor, an applicant I may be offered the position of Lecturer/teaching Assistant for a period on such terms and conditions as may be mutually agreed upon. (2) For an Associate professor. Essential quali?cation and experience: Consistently good academic record leading to Degree in the concerned subject/specialization; (ii) a Consistently good academic record shall" mean that in all public examination starting from School leaving Certi?cate till the Master degree in the subject ,with not less than 55% marks or with equivalent Grade or CGPA, in case of Management Science 60% or its equivalent Grade; minimum of eight years teaching and/research experience in a position of Assistant Professor or equivalent, which shall not include years of research leading to degree; (iv) publication of at.;.;;least five papers in peer group reviewed National and International journals; and publishing books as evidence of academic contribution or creatiyity; and (V) a minimum score as stipulated in the Academic Performancelndicator (API) based on Performance based Appraisal System (PBAS) set outfin UGC Regulations, 2010 in its ?annexure and put here in the Annexure - (3) For a Essential quali?cation and experience: same as in case of in case of Associate Of?cer; (ii)same as in. case of Associate Professor; a minimum of 15 years of experience in teaching/reSearch/academic administration in a University or/and in any of its af?liated College or/and Research Institute or research Centre, Wholly or in parts (iv) guided successfully at least two scholars for and published at least eight papers in singularor as joint authorship in peer group reviewed national or international journals; (V) same as in the case of Associate Professor. [Rule 54] Pay and allowances: (a)Pay and allowances of regular faculty positions shall be as laid down by UGC for the time being in force. Pay and allowance for non-regular faculty positions appointment by way of contract shall be as mutually agreed upon. Example: An Assistant Professor may be appointed in regular scale on the initial pay or with increments and allowances as allowed to State Government Staff or may be appointed on contractual terms for a contract period on such ?xed pay as may be mutually agreed upon with or without allowances. A Lecturer/Professional Teaching/Research Assistant/Associate may be appointment at a ?xed sum per month. A Lecturer may be appointed on contractual basis on a ?xed sum as may be stipulated with or without allowances. A Visiting Professor is appointed as a lump-sum pay based on number of visits per month required. An adjunct Professor who has wide practical experience may be paid on as the initial pay of an Associate Professor without allowances. Part Time assignments may be paid per lecture basis. These illustrations are suggestive?and not binding on the authority. The package may be ?xed based on the requirement and policy adopted. Explanation: regular faculty would mean the faculty icomprising the regular Whole time positions including core faculty. Other appointments on contract basis, whole time or part time, shall also increase the Faculty strength. [Rule 55]Nature of appointment: Composition of faculty shall comprise with various cadre positions as required under Rules. Appointment may be made on the basis of permanent on tenure track or contractual basis on terms and conditions as may be determined by. the competent authority. Permanent cadre positions shall have UGC scale of pay. Centre for Legal Education may also invite senior academicians and retired Judge or District Judge to accept the assignment of Visiting Professorship A . a l8 such terms and conditions as may be mutually determined under the contract for service. Senior Legal Practitioners having at least 15 years? experience in the District Court or at the High Court may be invited toijoin as Part time lecturer/Professor as the case may be, on the basis ofpayment of honorarium per lecture or otherwise as may be prescribed by the competent authority and mutually agreed upon. [Rule 56] the Selection Committee: The Selection Committee for faculty positions in?law in each University and its centres for legal studies (af?liated institutions)?Shall comprise-one expert member to be nominated by the Bar Council of India; The Bar Council of India may nominate one or more expert members, one whom shall be invited by the University to attend to such selection committee meetings. [Rule 57] Conditionsgrof service or Service Rules: Whereas the University concerned including ..the af?liating University shall follow within its [own Schools and af?liatedrinstitutions its own service rules, inter alia, including appointment/engagement of faculty positions, terms and conditions of service, retirement, probation and permanency, disciplinary proceedings, dispute resolution, proceedings against sex violation in working place, provident ?nd and superannuation bene?t, discharge and removal from service, demotion, penalties to be imposed when and how etc. In the absence of any clear provision on any issue the University concerned shall recourse to the UGC Regulations on the issue or the Central Government Service'Rules. There shall be one or more internal dispute resolution body in each University for any service disputes to be resolved within its .own body as well_as disputes arising in all its af?liated Institutions. [Rule 58] Appointment of Principal: Whereas University shall appoint Dean, Head of the Departrnent as per University Act, Statutes, Regulations and Ordinance, other Centres of Legal Educational Institutions including colleges shall have a Principal?ivvho shall be the Chief Executive of the Institution and who shall have the quali?cation and experience of a Professor of Law and to be appointed in the scale-of pay as prescribed or as mutually agreed upon. [Rule 59] Dispute rivResolution Body: The University/Centre for Legal Education may appoint a Dispute Resolution Body for settling any dispute between the administration and the faculty. However, the Vice Chancellor or . PagelQ any of his authorized body shall be "the highest appellate body in case the Dispute Resolution Body?s decision is not acceptable to a-fdisputant. [Rule 60] Annual Return on faculty position: All Centres of legal Education including University Faculty/School/Department shall annually submit a list of names of all faculty members with full particulars regarding the faculty positions held and other relevant particulars in the pro-forma provided in Schedule XIV. [Rule 61] Senior Legal Practitioners intending to take academic assignments: (1)The Bar Council of India shall invite particulars of Senior (Designated or non-designated) Advocates practising in District Courts and High Courts to submit their particulars in the pro-forma given in Schedule XV, having at least fifteen years of professional experience and intending to offer lectures in nearby Centre of Legal Education (Including University School/Department/Faculty; Government College; Affiliated Law Schools privately run) on regular basis as a Part Time Lecturer and /or taking internship of the law students for 4 weeks at a time when the Centre [for Legal Education is: on winter or summer vacation in between two semesters break. (2)The Bar Council of India in c00peration with the Bar'iCouncil of States may publish a Directory comprising such names and particulars district-wise and circulate the same to the Universities for necessary action. I (3) The Bar Council shall also request all retired District Judges and High Court Judges who may intend to consider invitation to become visiting Professor or Adjunct Professor, to provide their name and other necessary particulars which shall also be published in the Directory. CHAPTER RULES OF EQUIVALENCE [Rule 62] Determination of Equivalence: The LegalEducation Committee (LEC) may lay down standard conditions to determining equivalence of Qualifications for applying to a Centre for Legal Education for admission into the unitary or double degree Law course for the purpose of enrolment (Y. I 4 .40 i . ?Page I40 advocate; Bachelor Degree in Law obtained from a Foreign country for the purpose of applying ?for enrolment into the profession subject to ?il?lment of other conditions, if any; and Master Degree in Law obtained from a Foreign University for the purpOse of applying for any legal professional assignments including teaching Law in a Law School and/or legal research work conducted in any University. . i [Rule 63].Conditions necessary to be examined for determining equivalence: (1) In order to determine the: equivalence of Entry level quali?cation into a degree, Bachelor or Post Graduate, course in Law, as the case may be; (ii) Pre-enrolment degree in law to entitle the recipient of such degree in law as equivalent to the Bachelor Degree in Law of an Indian University, to apply for enrolment as an advocates; and Master Degree iniLaw obtained from a Foreign University to be equivalent to Master degree in law obtained from Indian Universities, 4d a: a! didthe Legal Education Committee shall prepare standard practices to provide for guidelines to apply for equivalence of any such the quali?cation/degree, for the purpose of admission into a Law program or applying for enrolment or applying for teaching and /or research in law in any University, or College or Institution, in India, as the case may be. you (2) The following yardstick/norms shall be applied to determine the equivalence of a High School leaving Certi?cate Examination/Bachelor Master/doctoral Degree in Law obtained from a Foreign UniVersity, recognized in that country: l.Number of year required for School/University education to enter into a Law School or obtain be compared with that of India in usual course of business in-?flgachelor Degree in'L'aw [one requires in India in usual course or 6 years or 5 years in an integrated course]; 'or in a Master Degree in law [one requires or 8 years or (5+2 )or 7 years if an integrated LL.B. course is takenJiior in a degree [one requires in' India minimum 7 or 8 years 3 years or loyears in total} as the case may be; 40 ?1 [Illustration: degree in US requires 4+3=7 years? University Education compared tQEIndia?s 5 0r 6 years". For Master degree in Law in US time taken in the usualfcourse is 7+1 or 8 years compared to 5+2 i.e. 7 or 6+2 ?7 \r i.e.8 years. in US requires 4 years regular studies compared to 3 years in India in regular course of business. In UK LLB. degree requires 3 years and LL.M. requires 4 years and requires 4+4 or 8 or 9 years] 2. Subjects/papers studied (to be compared with that of India) with contents of each. [Illustrationt In course students studies by and large, compulsory papers plus including clinical courses, optional papers in three years? time (in six semesters). This can be compared with that of LLB Course design in India [24 compulsory papers including clinical papers 6 optional courses. One can take honours with additional 8 courses]. 3. History of the University awarding the Degree and its national and international accreditation. 4. Status of reciprocal arrangements of India with the foreign country on the legal education and the legal profession especially when a lawyer of a Foreign Countiy seeks to be enrolled in India under the provision of Section 24 of the Advocates Act. [Rule 64].Only regular courses in Professional Legal Education can seek equivalence: An individual/University/Law School of -a Foreign country may apply for equivalence of a degree/Certificate only when such a degree/Certi?cate conferred on successful completion of a regular course of study, for the purpose of admission or enrolment into the Bar or for applying for teaching assignment in any Law School in India, as the case may be. Explanation 1: No course conducted by an open University, or conducted on- line or through distance mode by any Institution having recognition from a competent authority of a Foreign country or not, is equivalent to Higher Secondary School leaving certi?cate, or P.U. or A level Examination equivalent to +2 standard for the purpose getting admission into the LLB. course in Law School of India, whose degree is recognized for the purpose of enrolment into the Bar. Explanation 2: No Law degree of any Foreign University conducted at the undergraduate ?rst degree level is equivalent to the LLB. degree of an Indian University for the purpose of enrolment into the Bar. Page I12 Explanation 3: No Master degree in Law conferred by any Foreign or without requiring an LL.B. degree or equivalent Bachelor Degree in Law as a precondition to study cOurse is equivalent to LL.M. Degree of an Indian University, as noti?ed by Bar Council of India or by UGC, as the case may be. [Rule 65].Curative courses: (1) If an Indian Student obtains a degree in Law after studying in a regular course in a Foreign University recognized by the Bar Council of India but the said course being found to be not equivalent to LL.B. degree of an Indian University, he/she may be allowed to take the Bar Test conducted by the BarCouncil of India fOr Indian Students obtaining Degree in Law from a Foreign University, only after he/she completes any enabling ?Bridge course? on? Indian Laws for such duration and conducted by such Institutions as may beg-Estipulated by the Bar Council of India on the advice of the Legal Education Committee from time to time. (2) If any person obtains a degree of Master in Law from a Foreign University but the same has beeniifound to be not equivalent for reason speci?ed for non- ful?lment of terms and conditions required for obtaining a Master Degree in Law as required byx?lndian Universities but not because of having no precondition to possess Bachelor Degree in Law, as to study Master degree course in Law, such be allowed to take an M.Phil. course in Law with an Indian or Foreign University offering the course. Illustration: A person studying LL.B. degree course in United Kingdom at the undergraduate level and then taking one year LL.M. degree frOm the University of London, now applies for research or teaching assignment in a Law School in India, his Master Degree in Law is not recognized because a Master Degree in Law in India has a regular study period for at least 6 years, whereas the aforesaid Master Degree in Law ??om London University has a study period of 4 years in all. Such a latch may be cured by attending a bridge course as required by the Bar Council of India at the graduate level (which shall cure the LLB. degree for the purpose of enrolment) or with M.Phil. at the Post Graduate Level for any research?and/or teaching law-in?a Centre of Legal Education. CHAPTER XI I "it: Non-compliance Penalty :iv . Page113 [Rule 66] Commencing a Law Course without approval: If a University Faculty/Department/af?liated College/School of Law started a LLB. course without approval of the Bar Council of India, the BCI may by serving a notice forth with declare it as an unauthorized institution and suspend the institution for such period as may be deemed ?t and can also impose penalty on the institution and all others who were connected with such an act. [Rule 67] Approval with pre?condition: In 'the?event of an Inspection Committee recommending a University Department/Faculty/College or af?liated College, with pie-condition, and an af?davit is submitted by any authority of the Institution suggesting that the condition has been ful?lled, The BCI on the advice of the LEC may revoke the approval and impose penalty on the institution as well as all those who are responsible for such wrong statement which may extend to three times the ?nancial bene?t derived on such misstatement. [Rule 68] Approval with post-condition: If the Inspection Committee recommending a Centre for Legal Education with certaihsubsequent condition with a time limit and a false af?davit is submitted on compliance, any of?cer of the Institution responsible for submission of such wrong af?davit shall be liable to pay a penalty which may extend to three times of the ?nancial advantage gained due to such false statement and direct stopping of future admission into the institution until the conditions are implemented to the satisfaction of the BCI. [Rule 69] Non-compliance 'of conditions necessary Scheduic of the Rules: On the report of the Inspection Committee on non-compliance of conditions required to be implemented under Schedule of the Bar Council of India (Education) Rules, 2008, The BCI on the advice of the Legal Education Committee, serve a notice to comply [with those condition [within a time-frame, failing which may suspend the Institution until these conditions were implemented. [Rule 70] Deliberate non-observance of Education Rules: If a University or any other Institution awarding LL.B. degree indulge in viOlation of Education Rules, 2008, The Bar Council of Indiapn the advice Legal Education Committee may declare that the degree in law of such"University/Institution shall be recognized for the purpose of enrolment with effect from a declared date. 1 4 ?1 1' a l9;? [Rule 71] Proccduref to be followedi TheLegal Education Committee shall advice the Bar Coundil of India to take any action on any Institution on any non-compliance, misstatement, suppression of fact etc. may do so by providing an opportunity of hearing and followingthe principles of natural justice. While doing so the interest of the students shall be kept. . .5.