The Bar Council of India (BCI) on Friday (November 6) told the Supreme Court that it has withdrawn the upper-age restrictions for admission to both three-year and five-year LLB law programmes, Live Law reported. Age alone will no longer keep an otherwise eligible candidate out of a law degree.

Source: Live Law

A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana disposed of the petition as infructuous in view of the BCI's resolution. The plea, Rishabh Duggal v. Bar Council of India [W.P.(C) No. 1023 of 2016], had challenged a 2016 BCI circular on the age cap.

Source: LawChakra

Advocate-on-Record Radhika Gautam, appearing for the BCI, told the Court that the General Council passed the resolution only the previous day, on November 5, which is why it had not been filed earlier, Live Law reported.

Source: Live Law

Why the cap was dropped

According to the BCI resolution, the restriction was withdrawn following a reasoned order by former Delhi High Court Chief Justice Rajendra Menon, Co-Chairman of the BCI's Legal Education Committee, and a resolution of its Standing Committee on Legal Education. The Council said an absolute maximum age lacked sufficient academic justification.

Source: Verdictum

What the BCI said

“The Council is satisfied that existing requirements governing educational qualifications, attendance, teaching hours, examinations and professional training adequately safeguard standards of legal education, without excluding otherwise eligible candidates merely on account of age.” — BCI resolution, as reported by Live Law

The withdrawn rule was Clause 28 in Schedule III of Rule 11 of the Rules of Legal Education, 2008. It fixed a maximum age of 20 years for general-category admission to the integrated five-year programme, with a higher limit for reserved categories; the clause had been withdrawn in 2013 and was restored by the 2016 circular. In March 2017 the Supreme Court stayed the prescribed caps — reported as 22 years for the five-year course and 45 years for the three-year course — so admissions had in practice continued without the bar being enforced.

Source: Law Trend

Friday's disposal formally closes the decade-old challenge. Reports did not say when the BCI will formally amend its rules and notify colleges and universities, and mentioned no change to entrance tests.