77- Year old Woman Challenges the Upper Age Limit For LL.B Admission

Woman challenges the BCI rules, 2016 in Supreme Court

Rajkumari Tyagi, who resides in Sahibabad in Uttar Pradesh, developed an interest in law after she was left alone to defend the estate of her late husband. However, she was denied admission in a three-year L.L. B course owing to her age. Now, the 77-year-old woman has moved the Supreme Court. The woman has challenged the Bar Council of India Rules, 2016 that prescribe an upper age limit of 30 years for admission to LLB course.

She filed a petition and sought to intervene in a case already pending on the issue wherein the Bar Council of India (BCI) rule has been challenged.

The petition calls BCI rules as unconstitutional

The petition claims that the 2016 Bar Council of India Rules violate Articles 14 (equality before the law), 19(1)(g) (Right to practice any profession or to carry on any occupation, trade or business) and 21 (Protection of life and personal liberty) of the Constitution.

The law aspirant urged the Court to declare that she has a fundamental right to pursue legal education in a college or institution of her choice and her right is protected under Article 21 of the Constitution.

Ms Tyagi has categorically made the following submission in this regard.

“It has been laid down (by the Supreme Court) that Right to Life under Article 21 of the Constitution, is not limited to mere ‘animalistic existence’ but also includes right to live with dignity which includes facilities for reading and writing and the right to receive instructions in a course/medium of one’s choice."