The need to Indianise the country’s legal system has been a long-standing concern and the then Chief Justice of Bharat, N.V. Ramana reiterated this sentiment at an event. Emphasising the importance of making the justice delivery system more accessible and effective, Justice Ramana stressed that “Indianisation of the legal system is the need of the hour.” Recently, during the debate in the Parliament on the introduction of new criminal law,2023, the Home Minister Amit Shah also reiterated this sentiment by emphasising that “the proposed laws will free people from the colonial mindset and its symbols.” Some steps have been taken for the Indianisation of the legal system, such as- translation of the Supreme Court’s judgments into Hindi and 16 other regional languages and enforcement of new criminal laws which aim to do away with British-era criminal laws. Another crucial step towards which we must focus our attention is to re-examine the use of Latin-derived degrees like LL.B. and LL.M. and explore more on the inclusive and indigenous alternatives for them because the process of Indianisation and decolonisation remains incomplete until the renaming/name-changing of the LL.B. and LL.M degrees, which even after 77 years of independence from British Rule, still carry Latin influence through their abbreviations “LL.B.” and “LL.M. (LL.B. stands for “Legum Baccalaureus” and LL.M. stands for “Legum Magister”). This is especially significant since Latin is neither an indigenous language of Bharat nor one of the 22 official languages listed in the Eight Schedule of the Constitution.
The LL.B. and LL.M. degrees have been a cornerstone of legal education for centuries. However, the nomenclature of the degrees awarded to a law graduate is inconsistent with other undergraduate and post-graduate degrees, leading to confusion and miscommunication. This article proposes a significant step towards indianising the legal system by renaming/ name-changing of the LL.B. and LL.M. degrees to more intuitive and descriptive titles. This change would not only provide clarity on the degrees’ focus on law but also align with the country’s efforts to decolonise its legal system.
The esteemed LL.B. degree is commonly translated to ‘Bachelor of Laws’ or ‘Bachelor of Legislative Law’ in English, while the LL.M. degree signifies ‘Master of Laws’. These prestigious law degrees are predominantly offered in common law countries, where the LL.B. serves as the foundational qualification for aspiring legal professionals. In simple words, LL.B. is an undergraduate (Five years integrated law degree pursued after Intermediate/ Class 12th) or a postgraduate degree (Three years law degree pursued after Graduation) and LL.M. is a post-graduate Master’s degree in law, offering advanced specialization in various fields of legal study, typically pursued by individuals holding a Bachelor degree in law (LL.B.).
The abbreviation “LL.B.” and “LL.M” can be unclear or confusing, even among those in the legal profession. Main reason behind the confusion is unfamiliarity with the Latin language from where these abbreviations originated. Latin is the language of the ancient Romans and has no native connection to Bharat. As a result, Latin terms and abbreviations, such as LL.B. and LL.M. are naturally unfamiliar to many people in Bharat. Before delving into the discussing the probable solutions to mitigate this confusion and unfamiliarity, it is pertinent here to mention how the Bachelor of Laws and Master of Laws get LL.B. and LL.M. abbreviation.
Our country Bharat has a rich history of being a knowledge hub, dating back to the Vedic period. The country was revered as a “Vishwa Guru” for its significant contributions to various fields of knowledge. It has been a center for various forms of knowledge, including:
Legal knowledge– Ancient Bharat’s texts like Vedas, Shruti, Smriti, Upnishad, Manusmriti provide valuable insights into law, justice, governance and social norms. These texts are a treasure trove of knowledge and offer a unique perspective on jurisprudence and legal philosophy; crime and punishment; property rights and inheritance; social hierarchy and duties; governance and administration. These texts demonstrate the sophistication and depth of ancient Bharatiya thought on law, justice and governance, and continue to inspire and inform contemporary discussions on these topics.
Medicinal knowledge– Ancient Bharat’s medical systems like Ayurveda, have been practiced for centuries and offering a wealth of medicinal knowledge.
Governance– Bharat has a rich history of governance, with ancient texts like Arthashastra, Mahabharat, providing valuable insights into statecraft, administration and governance.
Warfare– The country indeed has a rich military history, with ancient texts like Arthashastra, Mahabharat, Bhagavad Gita, providing invaluable knowledge on warfare strategies, tactics and philosophies.
Art and culture– Bharat has a diverse and vibrant cultural heritage, with various forms of art, music, literature and other creative expression. Scientific knowledge– Ancient Bharat’s scientists and mathematicians, such as Aryabhat and Varahamihir, made significant contributions to fields like astronomy and mathematics.
However, legal studies as a separate discipline did not gain recognition until the British colonial period. The British introduced their own legal system, which was based on the English common law tradition. This led to the establishment of law schools and the development of formal legal education in Bharat. British colonial rule had a significant impact on the development of legal studies in Bharat. The introduction of the English language and the British legal system led to the creation of a new class of Indian lawyers and judges who were trained in the British legal tradition and awarded the “LL.B.” degree, which was the standard law degree in Britain and other common law countries. As mentioned earlier, the abbreviation “LL.B.” refers to “Legum Baccalaureus”, in Latin language “Legum” is the plural form of the word “Lex”, which means “law” and the word “Baccalaureus” means “bachelor”. In Latin language, plural form of any word is often written by doubling the first letter, which is why “LL” is used to refer “laws” and “B” is used to refer “bachelor”. Similar is the case with the LL.M. degree, which is also derived from the Latin words “Legum Magister” where “Legum” means “Laws” and “Magister” means “Master”. From that period of British colonial era to the present day, the abbreviations “LL.B.” and “LL.M.” have been used to denote the ‘Bachelor of Law’ and ‘Master of Laws’ degree in Bharat.
These abbreviations create confusion due to several reasons, like-
1.Deviation from standard practice- Unlike other degrees, such as B.A. (Bachelor of Arts) or M.A.(Master of Arts), the abbreviation “LL.B.” does not follow the standard practice of taking the first letter of each word.
2.Latin origin- Full form of LL.B. and LL.M. in Latine language adds to the confusion as it is not widely understood by the general masses of the country.
3.Lack of clarity– Many people are unsure what “LL.B.” stands for, and some says it means “Bachelor of Legislative Law” or “Legislative Law Bachelor”. From these, one thing is certain that these abbreviations not only create confusion but also perpetuate a sense of cultural and linguistic inferiority among Indians, who may feel that their own language and terminology are being marginalised and the country even after 77 years of independence still continues with the colonial legacy with pride.
To address these issues, the probable solution could be to adopt more accessible, self-explanatory and simple abbreviations for these law degrees, especially considering the BJP-led NDA government’s efforts to simplify laws and shed colonial legacy. The government’s commitment towards simplification, decolonisation and indianisation is evident in recent legislative reforms, such as the introduction of Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and Bharatiya Sakshya Sanhita, 2023, which not only updated the outdated colonial-era legislation but also change their names to reflect a more indigenous and inclusive approach.
In line with this spirit of reform, adopting more intuitive abbreviations for these law degrees would be a step in right direction. It would promote clarity (by reducing the confusion around the legal and Latin terminology) and accessibility (by making the legal education and knowledge more accessible to a wider audience). Furthermore, steps should be taken to introduce indigenous degree titles for Bachelor and Master of Laws, such as- Vidhi Snatak, Vidhi Ratna, Nyaya Shastra Snatak (for Bachelor of Laws), Vidhi Visheshak or Vishist Vidhi Visheshak, Nyay Shastra Visheshak (for Master of Laws). For this, inspiration can be drawn from existing practices, such as- the use of the title “Acharya”, which is a post-graduate degree, equivalent to an M.A. in Sanskrit.
Not only this, it is also suggested to replace the word “Bar” from the name “Bar Council of India” with a more precise and unambiguous term, as the word “Bar” has multiple meanings and connotations, such as- a physical counter or table where drinks/alcohols are served; a long, straight piece of wood, metal or other material; an obstacle, hurdle or restriction. Using a term that exclusively represents the legal profession would help avoid confusion and better reflect the institution’s purpose. This move is even more desirable especially when we know that the Bharat has a rich linguistic heritage and it can adopt a more precise and unambiguous term, referring directly to the Advocates’ community and nothing else. Some alternative name suggestions could include- National Council of Advocates, Advocates’ Council of India, Indian Advocates’ Council or Indian Lawyers’ Council, Vidhi Parishad (Council of Laws), Nyay Parishad (Council of Justice). Embracing indigenous terminology would enhance clarity, unambiguity and be a step towards decolonising the legal profession and promoting a more inclusive and culturally relevant identity.
It is high time to reassess the terminologies used in legal education and profession in Bharat. The current nomenclature, inherited from the British colonial era, may not accurately reflect the country’s rich legal-linguistic heritage and cultural identity. By adopting indigenous titles as suggested above and replacing the term “Bar” with more precise and unambiguous term, we can- make laws and legal terminologies simple, self-explanatory and accessible to the general masses of the country; decolonise the legal framework; promote a more inclusive and culturally relevant identity. This move will not only align with the government’s efforts to decolonise the legal framework and promote Bharatiyakaran (Indianisation) of the legal system but also instil a sense of pride and cultural connection among law students and professions.
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