FAQs - Frequently Asked Questions about LLB, Bar Exam, LLM and other Legal topics - Page 2 of 28

Since LLB in India is a ‘Higher Bachelor’s Degree’ of sorts, the requirement is that the student should have another Bachelors degree before taking up Law. So the 5 year LLB (after +2) is a dual degree program – BA LLB / BBA LLB / BCom LLB etc.

The three year LLB needs the candidates to have a Bachelors degree (any Bachelors degree) before taking up the LLB.

There are plenty of people who take up LLB after BA / BSc / BCom etc.

Is there an advantage in LLB by graduating in any specific field ?

No.

BA / BSc / BCom / BTech / BE / MBBS – nothing that you have studied earlier will give you a significant edge over others in your LLB; because 85 ~ 90% of the subjects are new.

(If you have studied Company Law, Banking Law, HR Law, Labour Law or Taxation in your graduation – like in BCom, you will have to read less for those specific subjects; else everyone is in the same boat. Even if you have studied these subjects earlier, the approach will be somewhat different in LLB, so you will essentially have to read them again.)

Irrespective of your graduation stream, you will find LLB easy to sail through if you have the following attributes :

Clarity in approach – why am I doing LLB ? Is my objective to simply pass ? or am I trying to score high grades ? – the rest of your approach will depend on the answers to these questions
Patience to study long and mostly boring Law books.
Pragmatic approach and understanding that it is practically impossible to study and remember everything – so learn to let go of a few things
Patience to write long assignments and submissions
Patience to keep your eyes awake in class 😉
Patience to fill pages in the exam paper – even if you can answer a question in 1/4th of a page, you may have to fill in 2 pages to score enough to pass

In India, there are three ways to taking up an LLB course . . .

[1] Without any entrance exam (3 year / 5 year) – There are many tier-3 and some tier-2 Law Colleges across India, where admission is done on a first-come-first-admitted basis.

No entrance exam. Just meet the minimum criteria in terms of your previous academics and pay the fees.

These are proper colleges, recognized by the Bar Council and have 3 year & 5 year LLB courses, affiliated to various Universities.

They normally will not have any placement process and the other facilities also may be quite basic.

But, you will get a proper LLB degree after completing the course.

[2] With entrance exam (3 year / 5 year) – there are tier 2 colleges that have their own entrance exam and in some states there is a common entrance exam for Law Courses across many participating colleges – tier 2 & 3.

For example, the Andhra Pradesh – AP LAWCET, Telangana – TS LAWCET, Kerala CEE , DU Law entrance exam etc.

Bulk of the seats are filled through the exams, but there will usually be a ‘Management quota’ of seats with higher fees in private colleges that participate in these common entrance process.

Some of the private Law Schools will also accept LSAT / CLAT scores for admission.

[3] Through CLAT (5 year only) – CLAT is the common entrance exam for the National Law Schools / National Law Universities across India.

These tier 1 institutes have placement process, superb facilities and the competition for getting admission is also quite tough.

Since this is a standardized exam, there are other Law Colleges (apart from the NLU/NLS) which also use the CLAT scores for admissions.

Note : NLU Delhi and HPNLU Shimla do not participate in the CLAT as they have their own separate entrance exams.

Q : Is the entrance exam compulsory for admission in LLB for 5 years?

Ans :

Reusing my answer from similar questions . . . This answer is valid for both 3 year and 5 year LLBs.

Is entrance exam a must ?

If you were to classify Law Colleges into Tiers 1, 2 and 3; the Tier 1 & most Tier 2 colleges have more applicants than seats – so they compulsorily have an entrance exam as a filtration mechanism.

However, if you are ok with doing your LLB from a Tier 3 college, admission is a simpler process. As simple as walk-in and pay the fees. (Subject to meeting the minimum eligibility criteria.)

If you wish to pursue a Corporate career and wish to have a holistic experience of studying law, a 5 year LLB from a Tier 1 college (NLU/NLS) is the best option.

If you wish to practice as an advocate and your aim is to get a valid BCI recognized LLB, any college is fine.

In India, there are three ways to taking up an LLB course . . .

[1] Without any entrance exam (3 year / 5 year) – There are many tier-3 and some tier-2 Law Colleges across India, where admission is done on a first-come-first-admitted basis.

No entrance exam. Just meet the minimum criteria in terms of your previous academics and pay the fees.

These are proper colleges, recognized by the Bar Council and have 3 year & 5 year LLB courses, affiliated to various Universities.

They normally will not have any placement process and the other facilities also are quite basic.

But, you will get a proper LLB degree after completing the course.

For example, the Andhra Pradesh – AP LAWCET, Telangana – TS LAWCET, Kerala CEE , DU Law entrance exam etc.

Bulk of the seats are filled through the exams, but there will usually be a ‘Management quota’ of seats with higher fees in private colleges that participate in these common entrance process.

[3] Through CLAT (5 year only) – CLAT is the common entrance exam for the National Law Schools / National Law Universities across India.

These tier 1 institutes have placement process, superb facilities and the competition for getting admission is also quite tough.

Note : NLU Delhi and HPNLU Shimla do not participate in the CLAT as they have their own separate entrance exams.

Q : How long does it take an LLP company to form with all the required documents ready?

Ans :

Typically around 15 ~ 20 days . . . If 1 to 4 are completed.

There are several steps before the ‘Registration’ of the LLP; such as :

Getting a Digital Signature certificate for the partners
Registration of the user on the MCA portal
Finalizing and reserving the name (up to 6 choices) on the MCA portal
Filing for incorporation after the reserved name is confirmed
Issue of certificate of incorporation by the ROC
Filing the LLP agreement & partner details within 30 days of incorporation

With the new RUN-LLP and FILLIP forms, several of these steps have been combined and simplified.

If you have completed the steps / have all the details and documents required for steps 1 – 4, the step 5 is the actual ‘Registration’.

The timeline for the Registration process by the ROC is :

On submission of complete documents the Registrar after satisfying himself about compliance with relevant provisions of the LLP Act will register the LLP, maximum within 14 days of filing and will issue a certificate of incorporation.

So, while many service providers do advertise / claim to ‘Register an LLP within 15 – 20 days’, I would suggest keeping a 30 day target.

For example, in the most recent registration I handled, the delay was caused due to a lack of a valid address proof for the ‘office address’ for the LLP.

Bottom line : To be on the safer side, factor in a 30 day period to complete the entire LLP registration process.

Meanwhile, you can always work in-parallel to complete tasks like domain name registration, web-presence development and other essential groundwork.

Q : After the application of the form, Is it compulsory to give UGC NET exam? Is there a chance of disqualification if not appearing for the exam?

Ans :

There are plenty of people who fill in the application form for the NET exam, get the hall ticket etc. but do not appear for the NET exam for various reasons.

It might be because they could not prepare for the exam or due to unforeseen reasons like travel, illness, personal or professional commitments etc.

So, it is not compulsory that you should give the exam after registration.

If you do not attend, you will be marked as absent and you will not get any result. That’s all.

There is no disqualification or penalty for not appearing in the exam and it does not affect your future attempts either.

The only point to note is that there is a upper age limit for JRF + Assistant professor qualification; so if you have registered and decide not to give the exam, you will be losing at least 6 months from that window.

For Assistant Professor qualification, there is no upper age limit, so it doesn’t matter much if you skip an exam and take it after 6 months.

However, personally I would suggest that you should take the exam even if you feel that you are not prepared; sometimes we all have the feeling – but the results can be surprising.

In any case, you have nothing to lose – Absent / Not qualified essentially have the same outcome. And you can always consider your attempt as a ‘trail’ attempt.

Q : What is the scope of the UGC NET nowadays if a person doesn’t want to go for a PhD?

Ans :

The NET Exam :

The UGC NET Exam consists of two aspects – eligibility for Asst. Professor & eligibility for Junior Research Fellowship + Asst. Professor.

Everyone takes the same exam, but for JRF there is a upper age limit and none for Asst. Professor.

I. For Assistant Professor Only

There is no upper age limit for the exam.
There is no restriction on the number of attempts.

II. For JRF + Asst. Professor

The upper age limit is as detailed below.
A candidate can attempt as many times as possible – within the upper age limit eligibility criteria.

Age limits for JRF + Asst. Professor

(i) Not more than 30 years as on 01.12. .

** There are are limit relaxations for specific categories of candidates, LLM degree holders, Armed forces candidates etc.

Coming to your question; if pursuing PhD is not the goal, clearing the NET exam is still useful for :

Pursuing a career in academics – by becoming eligible to join as an Assistant Professor
Some PSUs like Power Grid Corporation, Indian Oil, Vizag Steel etc. recruit for some posts using NET scores as the eligibility criteria (e.g. HR roles)
As an additional qualification in your resume and a standardized test score that indicates that you know your subject. It helps add a differentiator to your profile

Having an additional qualification is anyways not a bad idea; so if you have the opportunity and the inclination to take the NET exam, you should do it.

Q : Can I sit and qualify for the NET exam after clearing my back paper in an MA?

Ans :

Reusing my answer to a similar question . . .

While the answer is yes, you can actually take the NET even before you clear the back paper. As per the official rules, you can clear your MA within two years of your NET result and still get qualified.

The Official Eligibility rules for NET states :
(Similar rules are applicable for SET also)

“(i) Candidates who have secured at least 55% marks (without rounding off) in Master’s Degree or equivalent examination from universities/institutions recognized by UGC in Humanities (including languages) and Social Science, Computer Science and Applications, Electronic Science etc. (list of subjects at Post Graduation level attached as Annexure-IV) are eligible for this Test.

The Other Backward Classes (OBC) belonging to non-creamy layer/Scheduled Caste (SC)/Scheduled Tribe (ST)/persons with disability (PwD) category candidates who have secured at least 50% marks (without rounding off) in Master’s degree or equivalent examination are eligible for this Test.

(ii) Candidates who are pursuing their Master’s degree or equivalent course or candidates who have appeared for their qualifying Master’s degree (final year) examination and whose result is still awaited or candidates whose qualifying examinations have been delayed may also apply for this test.

However, such candidates will be admitted provisionally and shall be considered eligible for award of JRF/eligibility for Assistant Professor only after they have passed their Master’s Degree OR equivalent examination with at least 55% marks (50% marks in case of OBC falling in Non Creamy layer/SC/ ST/PwD category candidates).

Such candidates must complete their Masters degree or equivalent examination within two years from the date of NET result with required percentage of marks, failing which they shall be treated as disqualified.”

So, there is no restriction in terms of how much time / how many attempts you take to clear your Graduation / Post Graduation.

As long as you meet the minimum score criteria, you are eligible to take the NET & SET.

If your NET / SET scores are good enough to secure a rank within the top 6% of the applicable category, you will get a NET qualification.

Q : How should I read paper-one for the UGC NET JRF exam?

Ans :

Reusing my answer(s) from a couple of other similar questions. This is the approach I would suggest for Papers 1 & 2 . . .

Selective & focused study is the best approach for the NET.

UGC NET Paper II, it is mostly a memory game. For example, History is a vast topic; However, when the entire exam is for 100 questions; across the entire set of History subjects, most of the questions will be predictable.

You just need to remember the right answer – even if you don’t know the detailed theory behind it.

For Paper 1, apart from memory based questions, you need to know the processes of how to calculate, select or guesstimate the right answers.

For both papers, it is all about practice, practice and more practice; since a bulk of the questions are repeated, adapted or derived from a standard pool of questions.

What I would suggest for both Paper 1 and 2 is :

[1] Solve at least 5 previous papers even before you start your prep.

[2] Review the papers you have attempted and you will identify your strengths and weaknesses. For example, in paper 1 you may be very good at data interpretation, but need to improve your reading comprehension etc.

[3] Watch good explanation videos of previous question papers which explain how to solve the different types of problems.

[4] Start your second round of practice and again attempt as many previous papers + mock tests as possible.

[5] Review each paper thoroughly before attempting the next paper

Within 15 ~ 20 days, you will see a significant improvement in your scores. Keep practicing till you consistently score above 85% and you are ready to crack the NET exam.

Q : How do I get an educational certificate attestation?

Ans :

Depends on what is the purpose . . .

Usually, the attestation specifications are mentioned in the form / by the company or institute you are applying for.

The requirement may be a ‘self attestation’ or attestation by a ‘Gazetted Officer’ or equivalent (Like a PSU Bank Manager, Post Master etc.)

If you need a simple ‘attestation’ which essentially certifies that the copy is a ‘true copy’ of the original, you can also get it done by a ‘Notary’.

On the other hand, if the attestation you need is evaluation and equivalence of degrees and diplomas issued by foreign institutions, you should reach out to the AIU – Association of Indian Universities (Google for the official site)

Q : Is a proprietorship firm in India eligible for a CIN certificate?

Ans :

No.

A CIN number (Company Identification Number / Corporate Identification Number ) is assigned by the Registrar of Companies (ROC) when you formally register a firm.

It can be a :

PTC – Private Limited Company
PLC – Public Limited Company
SGC – State Government Company
NPL – Non Profit
OPC – One person Company

If you register a LLP, you get a LLPIN.

In all of the above cases, the business is a separate legal entity.

For sole-proprietorship, since the business is essentially an extension of the owner, there is no separate CIN number.

If you need to enter an ‘identifier’ for a sole-proprietorship, you can

use the owner’s PAN number
use the GST registration number of the business
apply for a Udyog Aadhaar (UA) number

I would recommend applying for the Udyog Aadhaar (UA) number, since the process is quite straight-forward and if you have a working Aadhaar number, with a valid linked mobile number, the application process is online.

Just Google for ‘Udyog Aadhaar’ to find the official site. There is no fees to be paid and you can register directly.

Q : When will the government of India open an LLP company formation again?

Ans :

The registration process should have resumed since 2nd week of Oct .

IIRC, the issue was not with LLP registrations, but with the DIN/DPIN numbers required for the Partners in the LLP.

The reason for the stoppage was something like this :

A DIN/DPIN number is required for each of the Partners & Directors in LLP & Company registrations
If the Partners already had a DIN/DPIN previously issued, they could fill in the forms and complete the LLP registration
For issue of new DIN/DPIN for Companies, the ‘SPICe’ form needed to be filled – which would issue the DIN/DPIN and also register the firm
However, the SPICe form only had options for people trying to register a new Company and not a LLP
There was no other form like the SPICe form for LLPs
Also, the old stand-alone application forms for DIN/DPIN were not being accepted
The new DIR3 form for DIN/DPIN would work only if a company / LLP already exists and wants to add new partners
So, technically, they (MCA) changed the process and mandated new forms, without thinking about all the possibilities and without issuing the updated forms

This confusion resulted in stoppage of new LLP registrations – specifically where the partners did not have existing DIN/DPIN numbers.

Since Oct , a new form ‘FiLLiP’ – Form for Incorporation of Limited Liability Partnership has been released through which DINs/DPINs gets issued to the proposed designated partners/nominee of body corporate designated partners who do not have a valid DIN/DPIN. (Maximum 2 designated partners can get DPINs like this)

So, the LLP registration process has restarted.

Note: If the LLP needs to have three or more partners, where all the three or more Partners need a new DIN/DPIN, looks like the new process will be to :

First use the FILLIP form for initiating the registration of the LLP with two Partners (Who will get their DIN/DPIN also issued simultaneously through the same form)
and then using the DIR3 form for getting DIN/DPIN numbers for other partners who don’t have a DIN/DPIN (DIR3 forms need details & consent of an existing LLP / Company)
Add all the new Partners into the LLP once the DIN/DPIN numbers are available for everybody

This seems to be a bureaucratic issue, where someone in the MCA is assuming that LLPs will have only two partners and making it needlessly complicated for registering LLPs with three or more partners.

Q : Can I do the LLB from home?

Ans :

No.

By ‘LLB from Home’, I believe you are referring to a Distance / Correspondence LLB.

Unfortunately, the BCI (Bar Council of India) does not recognize a distance LLB.

So, even if you do complete a Distance / Correspondence LLB, you will not be able to use the qualification for practicing as an Advocate or applying for Judicial Services and other post LLB exams.

My answer is adapted from some of my previous answers . . .

A Google search will show several Institutions in India offering a distance education ‘Bachelors degree in law’, usually a BL / BBL etc.

There are also some which offer an LLB! Like AUDDE (Annamalai University Directorate of Distance education)

But, The Bar Council of India does not recognize any distance or Correspondence LLB programs for practicing as an Advocate.

Why BCI does not recognize distance LLB for practicing as an Advocate?

LLB is a ‘professional’ degree that allows graduates to practice independently after graduation.

By design, the curricula of all ‘Professional’ degrees have a theoretical aspect + a practical and/or an experiential component.

The practical and experiential aspects cover the application of the theory in real world situations.

For LLB, there are moot courts, class discussions & debates, viva exams, practical exercises in drafting & pleading, court visits to observe and document proceedings; and all such practical aspects may not be possible in a distance education model.

Hence, the Bar Council of India mandates that all LLB (BCI recognized) courses in India should be conducted in a full-time mode only.

So, while you may complete a distance learning degree, it will not be enough to make you eligible to actually practice as an advocate.

Even for other exams where an LLB is a base requirement, a BCI recognized degree is usually a prerequisite.

A distance LLB might be useful as a way to enhance your learning or add extra qualifications to your resume; but you will need a full-time LLB from a BCI recognized college / university to actually practice as a Advocate.

Also, before you enroll, do ensure that the degree is at least UGC recognized.

Q : Can I write the SET and NET exams if I had an arrear and cleared it?

Ans :

Yes.

The Official Eligibility rules for NET states :
(Similar rules are applicable for SET also)

So, there is no restriction in terms of how much time / how many attempts you take to clear your Graduation / Post Graduation.

As long as you meet the minimum score criteria, you are eligible to take the NET & SET.

If your NET / SET scores are good enough to secure a rank within the top 6% of the applicable category, you will get a NET qualification.

Q : How can a graduate student (5 yrs after the completion of his graduation) get a law degree from a recognized university? What are the eligibility, process of entrance, course period, and opportunity?

Ans :

In India, there are three ways to taking up an LLB course . . .

[1] Without any entrance exam (3 year / 5 year) – There are many tier-3 and some tier-2 Law Colleges across India, where admission is done on a first-come-first-admitted basis.

No entrance exam. Just meet the minimum criteria in terms of your previous academics and pay the fees.

These are proper colleges, recognized by the Bar Council and have 3 year & 5 year LLB courses, affiliated to various Universities.

They normally will not have any placement process and the other facilities also are quite basic.

But, you will get a proper LLB degree after completing the course.

For example, the Andhra Pradesh – AP LAWCET, Telangana – TS LAWCET, Kerala CEE , DU Law entrance exam, LSAT etc.

Bulk of the seats are filled through the exams, but there will usually be a ‘Management quota’ of seats with higher fees in private colleges that participate in these common entrance process.

[3] Through CLAT (5 year only) – CLAT is the common entrance exam for the National Law Schools / National Law Universities across India.

These tier 1 institutes have placement process, superb facilities and the competition for getting admission is also quite tough.

Note : NLU Delhi and HPNLU Shimla do not participate in the CLAT as they have their own separate entrance exams.

Age limit ?

As of today 3rd Dec , there is no upper age limit for enrolling into any LLB program in India. (3 year or 5 year).

Q : What is the admission process of NALSAR after graduation?

Ans :

I am reusing part of my answer from another question . . .

NALSAR is one of the National Law Universities that admits students though the CLAT – Common Law Admissions Test for both UG and PG.

Once the official details are published, you should take up the CLAT 2019 and apply for all the Institutions that use CLAT scores.

You have to indicate your order of preference of NLUs / NLS and you will be allotted a seat based on your ranking and availability of seats. Since NALSAR is one of the premium institutions, you should aim for a higher rank to ensure your seat.

Rest of the answer is about LLB admissions in general :