LLM in online, distance, hybrid, part-time mode not allowed under Indian law: BCI

An LLM degree cannot be offered in online, distance, hybrid, part-time mode or even with a disclaimer without prior approval, the Bar Council of India clarified and sternly directed the law universities and institutes to refrain from advertising or offering such programmes and to suspend any such course being conducted. The move comes after the council observed several law institutions including premier law universities offering postgraduate legal education through weekend classes, online modules, or hybrid formats, and to candidates without a law degree in some instances.

As a response to the ‘growing trend’, the BCI warned of actions against the institutions which are not limited to contempt proceedings, review of recognition status of universities continuously violating norms.

Besides LLM, the council also raised concern regarding the emerging trends of diploma and executive programmes in law, targeting the non-law graduates, in online or part-time format, and expressed that such courses not only mislead prospective students but also lower down the standards and jeopardize the credibility of legal education.

BCI is not even okay with giving a 'go ahead' to such programmes and has told the Delhi High Court it does not recognize any law programme including LLM, MA in Law, or MSc in Cyber Law offered through online, hybrid, or distance mode. Such qualifications will not be accepted for the University Grants Commission (UGC NET) eligibility, PhD admissions, faculty appointments, or any other academic or professional recognition, the council made clear.

Legal education should be offered 'full-time'

In previous years, the legal education regulator has time and again reminded institutions that any executive, interdisciplinary, or diploma-based law programme must not be conducted in non-physical modes and an attempt to rebrand them as MA, MSc, or use of disclaimers will only create a problem for the institution in question as this would be the violation of norms.

BCI recalled how a national law university, 10 years ago, sought its approval to start a programme via distance mode only to face rejection. Through its decision, the council asserted its take on the view that legal education must be offered full-time with face-to-face instructions. UGC was made aware about the council’s decision too.

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The council also informed that it when it issued show-cause notices to several institutions violating the BCI norms, some attempted to justify the programmes by citing multidisciplinary flexibility under the National Education Policy (NEP) 2020, classifying them as ‘innovative’ initiatives while others decided to withdraw the offerings. The BCI argued that NEP excludes legal education from its scope and also welcomed the corrective measures and urged the other institutions to take an example from them.

“The Council reiterates that the use of protected nomenclature such as "LL.M." for diploma-type, executive, or part-time courses even with disclaimers is not permissible under Indian law. No programme may use such titles unless it fully complies with the requirements of the Advocates Act and BCI Rules in terms of structure, eligibility, content, and delivery,” BCI stated.