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Pursuing LL.M is not break in Law Practice, Rules Delhi HC
In recent years, the pursuit of higher education in law, particularly the Master of Laws (LL.M), has become a popular choice among legal professionals. However, there has been a debate among the legal fraternity about whether pursuing an LL.M. is a break in law practice or not. The Delhi High Court has recently ruled that pursuing an LL.M. degree does not constitute a break in law practice.
The ruling came in response to a writ petition filed by a lawyer who had applied for a senior advocate designation. The petitioner was denied the designation by the Bar Council of Delhi because he had taken a break from his law practice by pursuing an LL.M degree. The petitioner argued that pursuing an LL.M degree does not constitute a break in law practice and that the Bar Council's decision was arbitrary and illegal.
The Delhi High Court agreed with the petitioner's argument and held that pursuing an LL.M. degree does not constitute a break in law practice. The court noted that an LL.M degree is a postgraduate degree in law and that pursuing it is a natural progression in a lawyer's career. The court further stated that an LL.M. degree enhances the knowledge and skills of a lawyer and enables them to provide better legal services to their clients.
The court also observed that the Bar Council's decision was arbitrary and discriminatory as it did not provide any objective criteria for determining what constitutes a break in law practice. The court held that the Bar Council could not impose arbitrary conditions on the eligibility for senior advocate designation and that any such conditions must be based on objective criteria.
The ruling of the Delhi High Court is significant as it recognizes the importance of higher education in law and encourages legal professionals to pursue further education without the fear of being penalized for taking a break in law practice. The ruling also highlights the need for objective criteria for determining eligibility for senior advocate designation and other professional recognition.
In conclusion, pursuing an LL.M degree is not a break in law practice, as the Delhi High Court recognises. Legal professionals should feel free to pursue further education in law without fear of being penalized or discriminated against. The ruling also highlights the need for objective criteria for determining professional recognition in the legal profession.
