Schrödinger's Cat of a Degree: B.A.LL.B (Hons.) Saga

The Author, Ritu Rajkumari is an advocate practicing as Litigation Attorney since 2017.

Introduction

Many people are unaware of the on-going and mind-boggling litigation history of B.A., LL.B (Hons.) Degree. It is one of the curious case of legality of the degree itself. This issue rises to the level of Schrödinger's Cat equation. Whether the B.A.,LL.B(Hons.) is approved or not? What are the complexities and legal issues surrounding it? Some of them may be answered through this article, some may have to interpreted by the courts in order to provide harmony to everything.

Litigation and Background History:

There has been a series of cases on the issuance of B.A., LL.B (Hons.) Degrees.

Case No. 1: Richa Dhawan v. GGSIPU & Ors. [1]

In this case, the petitioner had challenged the nomenclature of the degree awarded to her. It was contention by Respondents that B.A., LL.B (Hons.):

“The stand of respondent nos.1 and 2 is that the petitioner cannot be granted a degree of B.A.LL.B (Hons) i.e. the nomenclature which she is pressing, as this is not statutorily approved for a programme in study of law”

“The stand of respondent nos.1,2 and 4 is categorical. The stand of respondent no.4 is that under Section 22(3) of the UGC Act an “Honours Degree” which is not recognized by the UGC cannot be granted to an individual for the 5 year integrated course. Petitioner is entitled to a B.A.LL.B; Hons. is not a nomenclature which can be added to the degree. The stand of respondent nos.1 and 2 is also similar.”

In effect it was held by order dated 21.08.2017 that a degree of B.A., LL.B (Hons.) cannot be awarded as the same nomenclature was not approved by UGC.

The Letter Patents Appeal of the said Writ Petition is still pending before the division bench of the hon’ble High Court of Delhi[2]

However, this judgment raises more questions than it answers.

Case No. 2: Ritu Rajkumari v. GGSIPU & Ors.[3]

In this case, the petitioner took different ground of non-issuance of the degree within statutorily specified time limit, instead of challenging the nomenclature itself. As per UGC Regulations, 2008 for the Grant of degrees and other awards by universities[4], that prescribes 180 days is the time limit for award of degrees by the universities.[5]

It is important to note that UGC or the University did not object to the nomenclature of the degree in this case.

It was held in the order dated 04.07.2019:

In view thereof, in as much as the petitioner has already cleared the BA LLB (Hon.) Examination conducted by the respondent no.1 in the year 2017, the petition despite time sought on behalf of the respondent no.1 to seek instructions, which is declined in the circumstances as the petitioner has admittedly cleared the BA LLB (Hon.) Examination on 15.07.2017 with her provisional certificate having already been issued by the respondent no.1, the petition is disposed of with directions to the respondent no.1 to hand over the degree certificate of the petitioner qua her BA LLB (Hon.) within 15 days from today.

A civil contempt case [6] was also filed in this case and the order dated 17.09.2019 records:

“Ld. counsel for the respondent contends that the directions so given could not be complied with in view of the UGC guidelines. Are the UGC guidelines, even if applicable to the petitioner, have the effect of overriding specific directions given by the Court? Certainly, it cannot be.”

Hence, the degree of B.A., LL.B (Hons.) were awarded.

Case No. 3: Ankur Bhasin v. GGSIPU & Ors. [7]

In the case, the petitioner challenged the degree awarded to him as it was causing great prejudice to him.

The order dated 20.05.2021 notes that:

“The petitioner’s grievance is that although he completed the integrated B.A.LL.B. (Hons.) programme from the University, the degree certificate issued to him mentions only Bachelor of Law (Hons.).”

The case was disposed in the favour of the petitioner as the University had decided to grant B.A., LL.B (Hons.) degree in terms of decision dated 11.03.2021 of the University.

Case No. 4: Sarabjeet Singh & Ors. V. GGSIPU & Ors.[8]

Another case which is still pending before the Hon’ble High Court, in this case the issue is the same, that is nomenclature of the degree awarded to the petitioner. The same is listed for final hearing in August, 2021.

In the last order dated 28.04.2021 of this case, the University again contended that

“He refers to the notification of the University Grants Commission [“UGC”] dated 05.07.2014, which permits the grant of the “Integrated Bachelor of Arts – Bachelor of Laws” degree as opposed to the “Bachelor of Arts – Bachelor of Laws (Hons.)” degree sought by the petitioners. Mr Kaushik submits that the degree sought by the petitioners cannot be granted in the absence of permission by the UGC.”

The UGC notification referred above is Specification of Degrees dated 05.07.2014[9]

The Legal Question:

What is the legality of B.A., LL.B (Hons.) degree? Whether it is an approved degree or not? Who has the power to approve this degree, whether UGC or BCI or both?

Analysis and Perspective with respect to Bar Council Rules and UGC Act:

A. With regards to Bar Council of India Legal Education, 2008 Rules

BCI’s regulation of legal education by the provisions of the Advocates Act, 1961.    Section 7 of the Act, which delineates the functions to be performed by BCI, provides as follows:

“7.  Functions of Bar Council of India. — (1) The functions of the Bar Council of India shall be— ........... ...........

(h) to  promote  legal  education  and  to  lay  down standards  of  such  education  in  consultation  with  the Universities in India imparting such education and the State Bar Councils;

(i) to recognise Universities  whose  degree  in  law shall  be  a  qualification  for  enrolments  as  an  advocate and  for  that  purpose  to  visit  and  inspect  Universities or  cause  the  State  Bar  Councils  to  visit  and  inspect Universities  in  accordance  with  such  directions  as  it may give in this behalf;”

The Supreme Court, through its decision in the matter of Bar Council of India  vs.  Board  of  Management,  Dayanand  College  of  Law[10],  surveyed  the  statutory  powers  available  to  BCI  under  the provisions  of  the  Advocates  Act,  1961  as  well  as  the  Rules  framed thereunder,   and   concluded   that   since   BCI   was   concerned   with   the standards  of  the  legal  profession  and  the  equipment  of  those  who  seek entry  into  that  profession,  BCI  is, thus,  also  concerned  with  the  legal education in the country.[11]

It well settled that Legal Education is regulated by Bar Council of India which has been noted in the point (a) on Page 2 of the 3-member committee report on ‘reform of legal education’ pursuant to orders of the Supreme Court dated June 29, 2009 and October 6, 2009 and as approved by the bar council of India vide resolution dated October 24, 2009 in SLP (NO.) 22337 OF 2008 titled Bar Council of India v. Bonnie Foilaw College & Ors.[12]

Rules on standards of legal education and recognition of degrees in law for the purpose of enrolment as advocate and inspection of Universities for recognizing its degree in law under Sections 7(1)(h) and (i), 24(1)(c)(iii), and (iiia), 49(1)(af),(ag),and (d) of the Advocates Act, 1961  made by the Bar Council of India  in consultation with Universities and State Bar Councils was approved by Bar Council of India  on September 14, 2008 through resolution no. 110/2008.[13]

In order to understand this conundrum, we need to look at said the Rules which prescribes the minimum standards for legal education and recognition of law degrees across the country.

As per Bar Council of India, Rules of Legal Education 2008 prescribes that an integrated degree of B.A., LL.B (Hons.) is an integration of two degrees, namely, B.A. and LL.B(Hons.)[14]

Part 3 of the Schedule II of the Rules specifically talks about ‘Honours in Law’.

Part 4 of the Schedule II of 'Rules of Legal Education 2008′ says that for an honours degree in law a minimum of 36 subjects have to be studied for the course be called an honours degree.

Now the difference between a B.A., LLB degree and B.A., LL.B(Hons.) is number of subject papers and number of hours studied under both courses apart from the approval and recognition by BCI to issue such degrees.[15]

The Bar Council charges from colleges and university for the approval of said degrees. The inspection fees and approval fees are as follows: [16]

Since B.A. that is ‘Bachelor of Arts’ is an approved degree by UGC and LL.B (Hons.) is widely recognized and approved degree by BCI. If both degrees are individually approved and recognized then, ideally, the B.A., LL.B(Hons.) should also be deemed a recognized and approved degree.

B. With regards to UGC Notification on Specification of Degrees dated 05.07.2014

As per the University Grant Commission Act, under the section 22, it has been stated that

“22.  (1)   The  right  of  conferring  or  granting  degrees  shall be  exercised  only  by  a  University  established  or incorporated  by  or  under  a  Central  Act,  a Provincial  Act  or  a  State  Act  or  an  institution deemed to be a University under section 3 or an institution  specially  empowered  by  an  Act  of Parliament  to  confer  or  grant  degrees.

(2)   Save  as  provided  in  sub-section  (1),  no  person or authority shall confer, or grant, or hold himself for itself  out  as  entitled  to  confer  or  grant,  any degree.

(3)   For the purposes of this section, “degree’ means any such  degree  as  may,  with  the  previous approval of the Central Government, be specified in  this  behalf  by  the  Commission  by  notification in  the  official  Gazette.

Here the sub-section (3) empowers the Commission, with prior approval of the Central Government to “specify” degree, by way of a “notification” in the official Gazette.

The word “specify” is strictly restricted to the “nomenclature” of the degree, not the recognition of the degree itself.

The recognition of various degrees are granted by various statutory bodies under different Acts having such powers to do. For example, Council of Architecture for B. Arch Degrees.

It is evident from such specification notifications, from time to time, that has been issued by the Commission in pursuance of Section 22(3), that list containing the names of the “degree” has been published from time to time.

It is pertinent to mention that notification dated 05.07.2014 also provides for “Guiding Principles” although Section 22 of UGC Act does not authorize for providing such “Guiding Principles”. It only provides for the specification of degree.

The notification provides list of nomenclatures of the approved degrees, It is also interesting to note that LL.B(Hons.) is absent in that list. Instead, it just mentions LL.B for 3 years course at serial no. 29.

It is also noteworthy that Section 26: “Power of make regulations” under the UGC Act, Clause (1) sub clause (f) and sub clause (3) states that:

26. (1)   The Commission may,  by  notification  in  the Official  Gazette,  make  regulations consistent with  this  Act  and  the  rules  made  there under

……

(f)    defining the minimum standards of instruction for the grant of any degree by any University.

…….

(3)  The power to make regulations conferred by this section  [except  clause  (i)  and  clause  (j)  of  sub-section  (1)]  shall  include  the  power  to  give retrospective  effect  from  a  date  not  earlier  than the  date  of  commencement  of  this  Act,  to  the regulations  or  any  of  them  but  no  retrospective effect  shall  be  given  to  any  regulation  so  as  to prejudicially  affect  the  interests  of  any  person  to whom  such  regulation  may  be  applicable.

This section essentially says that any regulations which prejudices any person shall not be given retrospective effect.

If the nomenclature of the degree is not approved, how are NLUs taking admissions through CLAT or AILET are offering B.A.,LL.B (Hons.) degree?

Conclusion

Although the B.A., LL.B (Hons.) and LL.B(Hons.) are widely recognized and approved degrees by the apex statutory body, Bar Council of India, the approval of the nomenclature of the said degree by UGC is unclear and ambiguous.

The question arises that if the nomenclature of LL.B (Hons.) degree is not approved, then what is the legality of the degrees issued by University of Delhi and most law schools across India.

An elegant solution would be a notification issued by UGC giving retrospective approval to the nomenclature of the degree under section 26 of the UGC Act. It would provide harmony and wouldn’t cause any prejudice.

Any adverse implication of this will be humongous as this would cause great prejudice to the degrees of lakhs of prominent lawyers, thousands of judges and lakhs of law students.

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