Keywords: BCI, CLAT, NLU Consortium, PIL, AIBE, Delhi High Court.
The PIL filed through Advocates Akash Vajpai and Sakshi Raghav states that CLAT examination fails to provide a “level playing field” to the students whose educational backgrounds are rooted in regional languages. It has been submitted that the practice of taking CLAT (UG) examination only in English language has an element of arbitrariness and discrimination and is violative of Articles 14 and 29(2) of Constitution of India.
It has also been submitted that the new Education Policy of 2020 and Right of Children to Free and Compulsory Education Act, 2009 require mother tongue to be the medium of instruction in schools and higher education institutions.
The plea cites a recent survey conducted by IDIA Trust indicating that “proficiency in the English language continues to be amajor factor for gaining admission to a top NLU in the country”.
The BCI also said the All India Bar Examination (AIBE) is held in 23 languages, including English, Hindi and other regional languages. AIBE is a certification exam conducted by BCI for law graduates willing to start practice as a lawyer. After clearing AIBE, the candidate is awarded a certificate of practice by BCI and once qualified, the candidate can attend court hearings in any tribunals, courts and administrative bodies.
The Bar Council of India (BCI) has told the Delhi High Court that conducting the Common Law Admission Test (CLAT) in languages other than English would give opportunities to more citizens to pursue law as a career.
The submission was made by the bar body in its response affidavit to a PIL seeking that the Common Law Admission Test (CLAT)-2024 be conducted in regional languages along with English.
The Consortium of NLUs had earlier told the High Court that while AIBE can be easily translated and conducted in multiple languages, CLAT examination. However, BCI supported the PIL and mentioned below.
“Bar Council of India supports the issue raised by the petitioner for conducting CLAT examination in languages other than English as the same will give opportunities to more citizens of the country to appear in the exam and pursue law as a career,” BCI’s affidavit stated.
“Bar Council of India has the experience of conducting similar examination i.e. AIBE successfully in most fair and transparent manner. It has the mechanism in place to conduct even the entrance/admission test for law courses for all the Institutions imparting legal education in the country through a Common Entrance Test in Various languages as the same will opportunities to more citizens of the country to appear in the exam and pursue law as a career,” BCI’s affidavit adds.
It further said that according to the Legal Education Rules, English has to be the medium of instruction in both the integrated five-year and three-year law courses, but it is open to the institution to allow instruction in any language other than English.
If the “medium of instruction of legal education” is other than English, then students have to take English as a compulsory paper, it added.
The matter is fixed for hearing on October 06 before a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.
Case Title: SUDHANSHU PATHAK v. CONSORTIUM OF NATIONAL LAW UNIVERSITIES THROUGH SECRETARY & ORS.
Cited
Written by Shubhi Yadav , College UILS, PU 3rd semester , As an intern under Legal Vidhiya.
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