SC: BCI not an 'expert body' to regulate legal edu standards
New Delhi, Sept. 24 -- The Supreme Court on Wednesday said that the Bar Council of India's (BCI) power to regulate legal education in the country deserves scrutiny, observing that, at best, it may lay down general guidelines with regard to law schools but it is not an "expert body" to determine standards of education.
The court's sharp remark came amid recent episodes where the BCI chairperson Manan Kumar Mishra issued a resolution denying enrolment to the graduating batch at NALSAR Hyderabad that was withdrawn within an hour and for which Mishra got flak from the Supreme Court.
Hearing a batch of petitions seeking removal of Mishra and transparency in the decision-making process at BCI, a bench headed by Chief Justice of India (CJI) Surya Kant said, "The basic question is how is the BCI an expert body to regulate legal education. There are eminent scholars and academics for that purpose."
The bench, also comprising justices Joymalya Bagchi and V Mohana, further observed, "The BCI may lay down general guidelines with regard to functioning of law colleges but you cannot control it."
Advocate Prashant Bhushan, who appeared in one of the petitions, informed the court that BCI through the Bar Council of India Trust for Promotion of Education (Legal & Professional) and Reforms in Law and For Improvement of Research and Social Training (PEARL FIRST) has established the India International University of Legal Education and Research at Goa. He said that BCI regulates legal education under Section 7 of the Advocates Act, 1961 and operates law colleges simultaneously.
The court issued notice on Bhushan's petition and sought the response of BCI along with the Centre on this issue. It told Bhushan, "We are separately examining the issue of how BCI can regulate law colleges as their jurisdiction comes only after a lawyer gets enrolled."
It made the remark in the context of the NALSAR incident where it openly doubted passing of a resolution against denial of enrolment to law students after they expressed their disapproval for having CJI at their convocation. Later BCI chairman Mishra had apologised to the students.
During the hearing on Wednesday, the court was informed by BCI counsels, senior advocates ANS Nadkarni and Guru Krishna Kumar, that pursuant to court's directions, the State Bar Councils are in the process of nominating one member to the BCI....
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