Page |1
Page |2
BAR COUNCIL OF INDIA
Rules of Legal Education (First Amendment) Rules, 2016
These Rules of Legal Education(First Amendment)Rules, 2016 are inserted as
Chapter VII to XI as notified under Section 7(1)(h) and Section 49 (1)(d) of the
Advocates Act, 1961, to stipulate minimum standard qualification of the faculty
to be appointed by any Centre for Legal Education comprising University Law
Schools, Affiliated Law Schools, or any Law College run privately or as public
institution to teach in any Unitary or 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 VII
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 notified 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 terms in the Rule 2 on Definition in the main
body of the Rules:
(iia) Assistant Professor shall mean an Assistant Professor appointed as such
with such prescribed qualification 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 qualification and experience in the appropriate subject and in
Page |3
such a scale of pay as prescribed by the University Grants Commission from
time to time.
(va) Core Faculty shall mean 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 teaching faculty under UGC/MHRD 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
qualification 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 VIII
Core & Total Faculty strength
Rule 50: Core Faculty strength: 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 affiliated 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 of at least one whole time faculty member
qualified and competent to teach all subjects/papers taught in the current
semester/year in each section of the course:
(1) English Language: 1 post
(2) BA subjects: (There has to be at least 3 subjects to be offered)
Political Science: 1 post
Economics: 1 post
History: 1 post
Philosophy & Logic: 1 post
Page |4
Psychology: 1 post
Sociology: 1 post
(3) [Link]. Subjects: (At least three subjects to be offered)
Chemistry: 1 post
Life Science: 1 post
Mathematics: 1 post
Physics: 1 post
Psychology: 1 post
(4) [Link]/BBA 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
However core in a three years’ LL.B. course shall only have faculties for law
subjects as mentioned in the above list. However Legal Education Centres in
their initial years may not possess any faculty until the subject/paper is
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, International Law, and Taxation. Faculty for these
subjects could be appointed when the subject/paper is introduced.
Page |5
Provided that the appointment of core faculty shall not be calculated on the
basis of any work-load as stipulated by the UGC from time to time and one
faculty is not to be shown for teaching more than one subject as per the above
list.
Illustration: A faculty member appointed in Constitutional Law cannot be
shown against Commercial Law or International Law or Criminal Law. Suppose
in Constitution law subject there are only 12 periods are allotted in a week, his
name cannot be put to teach Criminal Law for 6 hours.
Provided further that the core faculty shall 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 51: 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 of agreement; and
(c)If an application is made for introducing Specialization/Honours course in
any of the subject-area as stated above or any other subject-area not included in
the above list of undergraduate course component, if required and Law Subjects
enlisted above, there must be at least 3 posts in that subject/subject-area but for
which, permission for introducing specialization/honours shall not be given.
Illustration: Suppose, honours is proposed in one LEC/Law 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 /Visiting Faculty, as the case may be.
Page |6
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
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.
CHAPTER IX
Minimum Qualification of the Faculty staff
Rule 53: Minimum Qualifications required 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
qualification for the recruitment of faculty at various stages, as prescribed by
the University Grants Commission and in specific follow the following
conditions:
(1)For Assistant Professor in Arts, Social Sciences, Humanities, Science,
Commerce, languages, Law, Management, Engineering and Technology:
Essential qualification: (i) at least 55% marks in the aggregate or equivalent
Grade (such as, B+) or Cumulative Grade Point Average (CGPA) in a defined
scale, Provided that LL.M. course with one year duration introduced by the
UGC in [ ] and are allowed to be one of the minimum essential
qualification for Assistant Professorship as at present, shall not be considered as
one of the essential qualification unless supported by and supplemented with
[Link]. degree.
This proviso shall come into effect only after the same is notified and shall not
apply to those who have completed the one year LL.M. course or entered into
the course before the date of notification.
Provided that in case of Management Sciences, Engineering or Technology the
minimum qualification shall be Master Degree in Management Science (with
any abbreviation MBA, MCA, MMA, [Link]. etc.) or in the Engineering or
Technology( with any abbreviation of ME or [Link].) with First Class (at least
60% marks) or equivalent Grade (such as, ‘A’) or CGPA (such as 5 in 7 point
scale or 6 in 10 point scale).
Page |7
(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; and
(iii) Clearance of National Eligibility Test (NET) conducted by the UGC, CSIR
or similar test accredited body by the UGC like SET/SLET, Provided that in
case of Law, such a Test conducted by Bar Council of India for the purpose, if
any, shall prevail.
However, in case a qualified faculty is not available or found suitable for a
position of Assistant Professor in any subject, a Lecturer/Teaching Assistant
with at least 3 years’ experience may be considered if found suitable for the
assignment, Provided that such an incumbent has to complete his/her research
work and submit the thesis for his/her Ph.D. degree within 3 years during which
period increment may not be given.
In case a qualified faculty is not available or found suitable for a position of
Assistant Professor, an applicant 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 qualification and experience: (i) Consistently good academic record
leading to Ph.D. Degree in the concerned subject/specialization; (ii) a
Consistently good academic record shall mean that in all public examination
starting from School leaving Certificate 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; (iii)A 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 Ph.D. 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 creativity; and (v) a minimum score as stipulated in the
Academic Performance Indicator (API) based on Performance based Appraisal
System (PBAS) set out in UGC Regulations, 2010 in its annexure and put here
in the Annexure [ ].
(3) For a Professor/Principal/Dean:
Page |8
Essential qualification and experience: (i) same as in case of in case of
Associate Officer; (ii)same as in case of Associate Professor; (iii) a minimum of
15 years of experience in teaching/research/academic administration in a
University or/and in any of its affiliated College or/and Research Institute or
research Centre, wholly or in parts (iv) guided successfully at least two scholars
for Ph.D. , and published at least eight papers in singular or 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.
(b) 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
fixed pay as may be mutually agreed upon with or without allowances. A
Lecturer/Professional Teaching/Research Assistant/Associate may be
appointment at a fixed sum per month. A Lecturer may be appointed on
contractual basis on a fixed 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 monthly lump-sum, such 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 fixed based on the requirement and policy
adopted.
Explanation: regular faculty would mean the faculty comprising 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: (a) 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
Page |9
and conditions as may be determined by the competent authority. Permanent
cadre positions shall have UGC scale of pay.
(b) Centre for Legal Education may also invite senior academicians and retired
Judge or District Judge to accept the assignment of Visiting Professorship on
such terms and conditions as may be mutually determined under the contract for
service.
(c) Senior Legal Practitioners having at least 15 years’ experience in the District
Court or at the High Court may be invited to join as Part time lecturer/Professor
as the case may be, on the basis of payment of honorarium per lecture or
otherwise as may be prescribed by the competent authority and mutually agreed
upon.
[Rule 56] Composition of the Selection Committee: The Selection Committee
for faculty positions in law in each University and its centres for legal studies
(affiliated 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 of whom shall be invited by the University to attend to
such selection committee meetings.
[Rule 57] Conditions of service or Service Rules: Whereas the University
concerned including the affiliating University shall follow within its own
Schools and affiliated institutions 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 fund
and superannuation benefit, 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 affiliated
Institutions.
[Rule 58] Appointment of Principal: Whereas University shall appoint Dean,
Head of the Department as per University Act, Statutes, Regulations and
Ordinance, other Centres of Legal Educational Institutions including colleges
shall have a Principal who shall be the Chief Executive of the Institution and
P a g e | 10
who shall have the qualification 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 Resolution 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
any of his authorized body shall be the highest appellate body in case the
Dispute Resolution Body’s decision is not acceptable to a disputant.
[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 monthly
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 cooperation with the Bar Council of States may
publish a Directory comprising such names and particulars district-wise and
circulate the same to the Universities for necessary action.
(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 X
RULES OF EQUIVALENCE
P a g e | 11
[Rule 62] Determination of Equivalence: The Legal Education Committee
(LEC) may lay down standard conditions to determining equivalence of (a)
Qualifications for applying to a Centre for Legal Education for admission into
the unitary or double degree Law course for the purpose of enrolment as an
advocate; (b) Bachelor Degree in Law obtained from a Foreign country for the
purpose of applying for enrolment into the profession subject to fulfilment of
other conditions, if any; and (c) 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.
[Rule 63].Conditions necessary to be examined for determining
equivalence: (1) In order to determine the equivalence of
(i) Entry level qualification 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
(iii) Master Degree in Law obtained from a Foreign University to be equivalent
to Master degree in law obtained from Indian Universities,
the Legal Education Committee shall prepare standard practices to provide for
guidelines to apply for equivalence of any such the qualification/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.
(2) The following yardstick/norms shall be applied to determine the equivalence
of a High School leaving Certificate Examination/Bachelor / Master/doctoral
Degree in Law obtained from a Foreign University, recognized in that country:
[Link] of year required for School/University education to enter into a Law
School or obtain Ph.D/LL.M/[Link] be compared with that of India in usual
course of business in Bachelor Degree in Law [one requires in India in usual
course (3+3) or 6 years or 5 years in an integrated course]; or in a Master
Degree in law [one requires (6+2) or 8 years or (5+2 ) or 7 years if an integrated
P a g e | 12
LL.B. course is taken] or in a Ph.D. degree [one requires in India minimum 7 or
8 years + 3 years or 10 years in total] as the case may be;
[Illustration: LL.B./JD degree in US requires 4+3=7 years’ University
Education compared to India’s 5 or 6 years’. For Master degree in Law in US
time taken in the usual course is 7+1 or 8 years compared to 5+2 i.e. 7 or 6+2
i.e.8 years. Ph.D. in US requires 4 years regular studies compared to 3 years in
India in regular course of business.
In UK LL.B. degree requires 3 years and LL.M. requires 4 years and Ph.D.
requires 4+4 or 8 or 9 years.]
2. Subjects/papers studied (to be compared with that of India) with contents of
each.
[Illustration: In LL.B./JD 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 LL.B 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
Country seeks to be enrolled in India under the provision of Section 24 (1)(a) 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/Certificate 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 certificate, or P.U. or A level Examination equivalent
to +2 standard for the purpose getting admission into the LL.B. course in Law
P a g e | 13
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 first degree level is equivalent to the LL.B. degree of an Indian
University for the purpose of enrolment into the Bar.
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 LL.M. course is equivalent to LL.M. Degree of an Indian
University, as notified 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 Bar Council 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 be stipulated 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 been found to be not equivalent for reason specified for non-
fulfilment of terms and conditions required for obtaining a Master Degree in
Law as required by Indian Universities but not because of having no
precondition to possess Bachelor Degree in Law, as to study Master degree
course in Law, such a person may be allowed to take an [Link]. 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 from 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
LL.B. degree for the purpose of enrolment) or with [Link]. at the Post Graduate
Level for any research and/or teaching law in a Centre of Legal Education.
P a g e | 14
CHAPTER XI
Non-compliance & Penalty
[Rule 66] Commencing a Law Course without approval: If a University
Faculty/Department/affiliated College/School of Law started a LL.B. 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 fit 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
affiliated College, with pre-condition, and an affidavit is submitted by any
authority of the Institution suggesting wrongfully that the condition has been
fulfilled, 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 financial benefit
derived on such misstatement.
[Rule 68] Approval with post-condition: If the Inspection Committee
recommending a Centre for Legal Education with certain subsequent condition
with a time limit and a false affidavit is submitted on compliance, any officer of
the Institution responsible for submission of such wrong affidavit shall be liable
to pay a penalty which may extend to three times of the financial 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 Schedule III of the
Rules: On the report of the Inspection Committee on non-compliance of
conditions required to be implemented under Schedule III 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 those conditions were
implemented.
P a g e | 15
[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 India on the advice of the 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.
[Rule 71] Procedure to be followed: The Legal Education Committee shall
advice the Bar Council 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 following the principles of natural justice. While
doing so the interest of the students shall be kept.