BCI Flags Over 300 NOCs, Urges Govt To Curb Unchecked Proliferation Of Law Colleges

The Bar Council Of India has written to the Ministry of Education highlighting the urgent attention required to maintain the standard of legal education in India

The Bar Council Of India has written to the Ministry of Education highlighting the urgent attention required to maintain the standard of legal education in India and to curb the proliferation of substandard law colleges. The BCI has flagged over 300 No Objection Certificates (NOC) issued by various state governments and affiliations granted by Universities. It has urged the Ministry of Education and state governments to take active steps to curb the mushrooming of sub-standard law colleges in India. 

The BCI has told the government that despite moratoriums and regulatory measures imposed by it the issue of substandard colleges mushrooming persists which again pose a threat to quality and integrity of legal education.

The BCI points out that such law colleges don't fare very well in surprise inspections. It has urged the Education Ministry as well as state governments to conduct thorough surveys and assessments before granting NOCs to new centres of legal education.

"Despite this resolute decision and the subsequent issuance of circulars to this effect, it is regrettable to note that over 300 No objection certificates were granted by Universities," The BCI letter read. 

This concerning trend highlights the urgent need for stricter adherence to regulatory measures in order to curb the unchecked proliferation of law colleges across the country, the letter said.

BCI had passed a resolution in August 2019 imposing a three year moratorium on new colleges, however, the Punjab and Haryana High Court had set aside the moratorium noting that after the NOCs were granted to the institutions they had invested huge sums in establishment of those colleges. 

Role Of Bar Council Of India In Regulating Legal Education

BCI is an independent statutory body under the Advocates Act and has been entrusted to regulate legal education. In February, a Parliamentary Committee had said that there was no sense in the Bar Council of India having regulatory powers over the entire spectrum of legal education.

In the report titled “Strengthening Legal Education in view of emerging challenges before the Legal Profession”, the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, said that the BCI has neither power not expertise to meet the challenges of the ever changing globalised world.

The standing committee that was chaired by Rajya Sabha member Sushil Kumar Modi said that this view on BCI's power has also been expounded by the National Knowledge Commission.

Referring to the statutory powers of BCI, the Parliamentary panel said that the Advocates Act, 1961 was enacted with a limited view of legal education producing only lawyers for courts but over the years, the legal education has evolved beyond this limited role.

The panel recommended that the BCI’s powers to regulate legal education should be limited to acquiring basic eligibility for practicing at the Bar.

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