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Vivek H Bedarker (A)     07 December 2016

Age limit for joining LLB course

Sir/madam I am 38 years old having BE degree. If I want to enroll for full time LLB course for becoming practising advocate, is there a bar on age limit at 30? I got this information from someone and surfed Internet but no clear picture is available. The available articles say that BCI has decided for max age of 30 but some colleges are accepting older students this year and BCI says they will not be allowed to practice even if they pass LLB. Why BCI have any issue with age of any prospective candidate? Dosent it violate the fundamental rights? After all the student after passing LLB will have to prove himself in courts to win cases and clients,and is not being forced on the people. Also on BCI website it actually says that supreme court has agreed to it. Is iy true? Sir I am asking because I cannot risk my life and plunge into such fundamental confusing situation. I want to pass test to get admission, study for 3 years and start practicing. What should I do (I had posted similar topic under students forum but I think it was not viewed by many. Hence I have posted it under Constitutional Law category)


Learning

 10 Replies

adv.bharat @ PUNE (Lawyer)     07 December 2016

Vivek there is no such age limit for admission and practice as advocate in any court.

Only BCI counduct AIB examination after completion of LLB degree for those who want to practice at any court in india.

Although this examination need not to give if u want to practice at your home state only.

Will u appreciate this answer by giving like on my LCI profile?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 December 2016

brother advocate Mr.Bharat is right advise. follow it.


(Guest)

Confusion is created from this year. 

Many PIL are filled regarding this from Aug -Sep . 

This year while giving admission in Maharashtra undertaking was taken from all students above 30 , that College will not be responsible if you are not permitted to practice . All will depend upon outcome of series of PIL .

 

 

Vivek H Bedarker (A)     08 December 2016

Sir/madam isn't this decision by BCI bad in law? If they make norms like unified entrance tests (like MCI did for NEET) then it was perfectly correct because then they would have been ensuring quality check at entry level. They could have seperate more stringent tests when one clears LLB and wants to enrol for practicing at Court. But attempting to limit age is wrong since older candidates are not competing for government job, they are on their own. Also how can one decide seriousness of the candidate blanketly by considering age? What does the legal system of india stands to gain by blocking persons more than 30 into their fold?

Vivek H Bedarker (A)     08 December 2016

Sir/madam isn't this decision by BCI bad in law? If they make norms like unified entrance tests (like MCI did for NEET) then it was perfectly correct because then they would have been ensuring quality check at entry level. They could have seperate more stringent tests when one clears LLB and wants to enrol for practicing at Court. But attempting to limit age is wrong since older candidates are not competing for government job, they are on their own. Also how can one decide seriousness of the candidate blanketly by considering age? What does the legal system of india stands to gain by blocking persons more than 30 into their fold?

(Guest)

Bar Council of India wants to increase the standard of Adv. and Law graduates this is fact.

But at same time fact is Good Law only can make good Adv and Law graduate. Acts are passed by parliament and state legislature and there is so much confusion and lot cleaning work required unless until swatch bharat abhiyan of cleaning statute book don't conclude till then we will have problem.

Additionally, situation is that Car engine  is broken down and car mechanic is trying to replace Car tyre to make Car work. Whether he will succeed ? 

This is the situation of Acts passed by parliamnent and state legislature and BCI is trying to frame odd rules so Good Law graduates & Adv. are created. 

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My personal opinion is that age rule  is unconstitutional . 

 

Vivek H Bedarker (A)     09 December 2016

Sir/madam, with due respect to our legal system, isn't this another glaring example of how different courts (of same rank) have contradictory opinion on same matter and causing uncertainty in lives of people? Allahabad high court gave judgment last year that age limit was wrong and quashed it. It went to the extent of directing law institutes to accept forms from 'over aged' persons. Then BCI cancelled the age criteria and this was challenged at Madras High court as arbitary, and the Hon'ble court agreed!!! Then BCI moved against Madras high court's decision to Hon'ble Supreme Court and SC accepted that BCI cannot remove age limit arbitrarily ,but did not comment on/quash judgement of Hon'ble Allahabad High Court. And now BCI has threatened to not allow such students to practice as well as take action against such law institutes!! So flip flop by BCI and that too very brazenly. Matter is that how come on same subject , which pertains to their own branch (legal) there is so much confusion? How is it possible? I think because of such developments(not just this one but many more) that other bodies like the executive are compelled to interfere/ comment on legal system. However I need to rest my case to the wisdom of Hon'ble SC (Other High court judgements do not make any difference at all it seems). But if SC decides to stick to upper age limit to study Law then by similar logic we hope that it decides retirement age for advocates too at 60. Regards

Vivek H Bedarker (A)     09 December 2016

And we fully support / agree that only best persons should practice at court. But for that the scientific method is to have tougher exams just like for CA and at both entry level as well as during enrollment as Advocate. Keep it so tough that non serious /average persons will not be able to stand in court.

Ms.Usha Kapoor (CEO)     07 March 2017

Already Legal profession is overcrowded. In order to attract the cream of the best and brilliant students only BCI may have imposed bar on  upper age limit for law ADMISSION TESTS. All India Law Entrance Test standards also have gone up compared to the past .IN addition to G.K, English and Essay writing, they have introduced  Math and logic and Legal reasoning etc like National Law Schools to attract best  minds so Legal profession will be  full of legal Luminaries and Jurists.Matter i ssubjudice. Let us wait and watch what the Supreme court says on this.

 

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     07 March 2017

# 11

7.3.17

 

Supreme Court stays upper age limit for students fixed by Bar Council of India for admission to LLB

 
 
                                                                                     This could have been in Students' section.

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