No new law colleges for three years, states BCI

There will be no additional new law colleges or law schools in the nation for three years, as the regulatory Bar Council of India (BCI) has declared a three-year moratorium on new centres of legal education.

"During the period of the moratorium, no new centre of legal education shall be opened or granted permission anywhere in India.". Additionally, no current centre of legal study can add any new section, course, or batch without prior written and express approval from the BCI. Outstanding applications that have not been given final approval as on the date of commencement will not be touched and will be dealt with according to law," Srimanto Sen, principal secretary of the BCI, said on Wednesday.

Justifying the decision, the council described it as compelled "to stop the deterioration in quality across legal education segments, demonstrated by the uncontrolled mushrooming of sub-standard institutions, frequent issuance of NOCs by state govt and affiliations by universities without checks, and to avoid commercialisation of legal education, indiscriminate academic malpractice, and continuing shortages of quality faculty."

With a proposed number of some 2,000 such centres of legal education already functioning in the country, the BCI feels that institutional capacity of the country is sufficient, the release stated, and the focus has to now turn towards consolidation, quality improvement, and systemic strengthening in public interest and in furtherance of constitutional obligations.

The rule, to be issued shortly for an uninterrupted period of three years, derives its power from the Advocates Act, 1961, and depicts the council's responsibility to uphold and maintain standards of legal education, preserve the integrity of the profession, and protect public interest in the administration of justice, it said.

Referring to a resolution passed in 2019 establishing a temporary moratorium of new law schools, and the later order of the Punjab and Haryana high court dated Dec 4, 2020, the BCI averred it also brought out a comprehensive press release of June 16, 2021 calling for strict diligence by state govts and universities.

"The current rule fulfills the direction of the court by implementing the steps through regulation rules and complements the Council's historic strength in quality," Sen added in the statement.

But there are a few exceptions. 

The rules exempt proposals exclusive to socially and educationally backward classes, SC/STs and economically weaker sections, proposals in remote, tribal or aspirational districts notified by concerned authorities and courses exclusive to individuals with disabilities.

"Such proposals have to meet tight requirements, such as valid NOCs, previous university associations, evidence of infrastructure and faculty capabilities, and meet need-based establishment under the Rules of Legal Education," the statement added.