With almost 2,000 law colleges already in existence, the BCI will be looking to change tack from growth to quality improvement. The article covers the implication of the moratorium on students, colleges, and teachers, presents facts and statistics about law colleges and students, talks about causes of poor quality, and weighs its wisdom in light of judicial backlog in India. It also coincides with major-bang education reforms, including our own on Samagra Shiksha and NEP 2020.
Overview of the Moratorium
The moratorium disallows new law colleges or approval for extra sections, courses, or batches in already established institutions without first BCI approval. Already at the final clearance stage such institutions are not exempted either. The policy seeks to address the fall in the quality of legal education due to:
Rash development of sub-standard institutions
Irresponsible approvals without due verification
Commercialization and academical impropriety
Inadequate right faculty
Exceptions could be permitted for colleges serving backward classes (e.g., SC/ST, EWS, or tribal regions), subject to stringent criteria such as government sanctions and proper infrastructure. Existing colleges will be strictly checked, with the default mode of being derecognized. BCI will examine the policy every year, with the liberty of extending or amending it.
Implications for Stakeholders
Students
Moratorium can improve the quality of education and make students more employable. It can restrict entry in backward areas, and students have to compete very hard for admission in premier institutions such as NLUs. With ~100,000 law graduates every year, there are barely a handful of them getting high-paying jobs and others from low-grade colleges fall behind.
Colleges
Current colleges are aided by less competition, facilitating investment in people and infrastructure. Tougher audits would harm weaker colleges at risk of closure. Prohibition on new batches might limit income, especially for private colleges that depend on growth.
Staff
Staff can gain job security and professional development opportunities in quality-oriented colleges. Shoddy colleges undergoing audits, in contrast, can lose staff through lay-offs. The policy indirectly encourages research and ethics training, raising the level of scholarship.
Law Colleges and Student Strength
India has ~1,700–2,000 law colleges, including university law departments, listed by the BCI. The state-wise division is as follows:
Uttar Pradesh: ~200–250 colleges
Maharashtra: ~150–200
Karnataka: ~100–120
Tamil Nadu: ~80–100
Others: Rajasthan and Madhya Pradesh each have 50–100
There are about 4–5 lakh students, out of which ~100,000 graduate each year. NLUs provide ~4,000 seats via CLAT, highlighting the strong competition for quality education