LLM via online, hybrid mode won’t be recognised, cautions Bar Council-OxBig News Network

The Bar Council of India (BCI) has cautioned the public against falling for unauthorised LLM programmes offered by universities through online, hybrid or distance-learning methods.

In an advisory issued against proliferation of such unapproved LLM or equivalent legal courses, the BCI reiterated that any LLM or equivalent legal programme offered in online, distance, blended or hybrid mode, or under misleading nomenclature such as LLM (professional) or MSc (Law), without prior approval of the BCI was unauthorised and won’t be recognised for any purpose.

“This includes employment, academic appointments, research registration, judicial service or departmental promotion eligibility. Such qualifications shall be treated as null and void ab initio, and any reliance placed on them by candidates will be treated as misrepresentation,” it read.

Such courses include online-only, blended and open and distance learning modes, under nomenclatures such as LLM (Professional), MSc in Cyber Law, Executive LLM and others, without prior approval of the BCI which regulates legal education and legal profession in India.

The BCI has already issued show-cause notices to several institutions, including National Law Institute University, Bhopal; Indian Institute of Technology, Kharagpur; OP Jindal Global University, Sonipat; and National Law University, Delhi; for offering LLM or similarly designated legal programmes through online, distance, blended or hybrid formats without requisite approval, it said.

Authored by former Delhi High Court Chief Justice Rajendra Menon, co-Chairperson of the BCI Standing Committee on Legal Education, the advisory has been sent to all the high courts on June 25 for necessary action.

It urged the high courts to take judicial note of this regulatory position, and ensure no appointments, promotions or academic decisions were made on the basis of qualifications that do not have the sanction of the BCI.

“The (High) Courts may further be pleased to direct that any candidate seeking appointment or advancement on the basis of an LLM or related qualification must furnish confirmation from the BCI that the programme was conducted in compliance with the Legal Education Rules, 2008 and 2020,” the advisory stated.

Justice Menon said some of the institutions sought to justify their programmes by suggesting that they were “executive” in nature, or not equivalent to the traditional LLM degree. Such practices, the latter said, were statutorily impermissible, and any degree or qualification earned from these modes won’t be recognised for academic appointments, UGC-NET eligibility, PhD registration or judicial service or departmental promotion eligibility.