LLB student moves Kerala High Court against cap on internships set by MG University, GLC Ernakulam

A law student has moved the Kerala High Court challenging the cap imposed by the Government Law College (GLC), Ernakulam and the Mahatma Gandhi University (MG University) on the number of internships that students of the 3-Year LL.B course can undertake under trial or appellate court lawyers [Ashwin R v. Bar Council of India & Ors.]

Justice TR Ravi today issued notice to the the Bar Council of India, the law college and MG University with which the law college is affiliated.

The Bar Council of India (BCI) Rules of Legal Education, 2008 require law students to undergo a minimum of 12 weeks of internship during the course of study.

While the BCI mandates that students must intern at least once with trial or appellate advocates, it imposes no upper limit on the number of such internships.

According to the petitioner, who is a fourth semester student in the 3-year LLB course, the academic regulations issued by the Ernakulam law college and the Mahatma Gandhi University restrict students from undertaking more than two internships under trial and appellate advocates.

The petitioner, one Aswin R, stated that he is now barred from taking up any more internships in trial and appellate offices since he has already completed two such internships.

He contended that as a student aspiring to a career in litigation, this restriction violates his academic freedom as well as his fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution of India.

He further contended that since this restriction is not part of the BCI rules, it is arbitrary, unreasonable, and inconsistent with the legal education framework applicable nationwide.

Aswin argued that the restriction also places him and other students from the Ernakulam law college and the Mahatma Gandhi University at a disadvantage when compared to peers from other universities that do not impose any such restrictions.

"Legal internships are a vital part of clinical legal education and are essential for developing core legal skills such as drafting, argumentation, legal research, and understanding court procedures. The restriction on the number of times a student can intern with trial and appellate advocates is illogical. The impugned rule fails to serve any legitimate academic purpose and instead deprives students of real-world exposure which the BCI rules seek to promote," Aswin's petition stated.

The law student has sought orders from the Court to strike down the regulations issued by MG University and Ernakulam GLC to the extent it it restricts training under trial and appellate advocates.

Advocates Raghul Sudheesh, Lakshmi J, Ambily T Venu, Unnikrishnan S Thandayaan and Umadevi M represented the petitioner.