Now Reading: Bombay HC: UK law degree not a ‘first degree’ for Indian 3-year LLB entry
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Bombay HC: UK law degree not a ‘first degree’ for Indian 3-year LLB entry
Bombay HC: UK law degree not a ‘first degree’ for Indian 3-year LLB entry
The Bombay High Court has ruled that a three-year undergraduate law degree from a foreign university, even if recognised by the Bar Council of India for enrolling as a lawyer, cannot count as the 'First Degree' required for admission to a three-year LLB course in India.
The court dismissed a petition by Yohaan Abraham, whose provisional admission to Chhatrapati Shivaji Maharaj University was cancelled because his LLB from Queen Mary University of London, completed after Class XII, did not qualify as a bachelor's degree in another discipline. The court said recognition for one statutory purpose does not automatically confer eligibility for another.
A Division Bench held that the Rules of Legal Education, 2008 clearly require an applicant to first hold a graduation-level qualification before pursuing the three-year law degree. The BCI's 2020 notification recognising foreign law degrees does not override this separate admission requirement.
Indian Opinion Analysis
The ruling tightens an existing regulatory distinction that most law aspirants and universities overlook: the 'First Degree' for a three-year LLB must be a bachelor's degree in a discipline other than law, such as arts, science or commerce. A foreign law degree obtained right after Class XII is treated as equivalent to an Indian LLB for enrolment as an advocate, not as an undergraduate qualification. The Bombay High Court's interpretation restricts the pipeline for Indian students who take a foreign law degree before returning to study law. The Union government and the Bar Council of India have been separately reviewing whether to allow foreign law degrees automatic recognition for Indian practice, but this judgment clarifies that such recognition does not expand admission eligibility. Watch for the Bar Council of India's next circular on eligibility criteria for three-year LLB courses.
Source: livelaw.in
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