I am a law aspirant and the recent age limit to LLB admission is a big issue for me. To know more about this I did my research and found some interesting fact from some articles.
- Eight years ago, the BCI had introduced the Rules on Standards of Legal Education framed under the Advocates Act of 1961. Clause 28 in the Schedule III of the Rules sought to impose an age cap for prospective law students. The maximum age limit for joining the Bachelor’s law course was set at twenty years for general category students and twenty-two for SC/ST/OBC students
- Punjab & Haryana High Court held that the rule was arbitrary and irrational and that the making of such rule was “beyond the legislative competence” of the BCI.
- After a slew of petitions in different high courts challenging Clause 28, the BCI formed a one-man committee of advocate S Prabhakaran to peruse the validity of the provision. The same committee found that the clause fell afoul of Article 14 of the Constitution and recommended its deletion. Subsequently, the BCI passed a notification on September 28, 2013, withdrawing Clause 28.
- Bombay High Court had earlier declared Clause 28 as non-existent.
-
Yasmin Tavaria, challenging the constitutionality of the provision. She submitted that once the clause has been struck down [by the Punjab & Haryana High Court], there was no occasion for the Bar Council to withdraw the Gazette Publication containing the impugned Rule. A Bench of Justices AS Oka and AK Menon concurred with this view and held, “Suffice it to say that the decision of the Punjab and Haryana High Court has attained finality and hence, the impugned Regulation/Rule 28 does not exist on the Rule Book…The Bar Council of India is bound to consider the finding of the High Court that the Rule is arbitrary and is violative of Article 14 of the Constitution of India.”
- B Ashok, an advocate of the Madurai Bench of the Madras High Court. In his writ petition, he prayed that the BCI notification withdrawing Clause 28 be quashed as it was in contravention of the amendment procedure under the Advocates Act. A Division Bench of the High Court allowed the petition.
- The BCI then challenged the decision before the Supreme Court of India; however, a Bench of JS Khehar and Rohinton Fali NarimanJJ. upheld the Madras High Court verdict and asked BCI to follow the proper procedure
After collecting all these facts all I understand is that Clause 28 is unconstitutional and got withdrawn and since the BCI did not follow the proper procedure the Madras High court ordered them to follow the proper procedure which the SC supported. IF this is the case why is the clause reinstated ? Why is BCI instructing all the colleges to implement the age limit? Even though the withdraw procedures were not followed the law was declared unconstitutional so why is it still beeing followed? Is there any way for me get admission pointing out the above-said facts ? (I am trying to get admission in 2017 )
