BCI not an ‘expert body’ to regulate legal education standards, argues SC

BCI not an 'expert body' to regulate legal education standards, argues SC

On Wednesday, the Supreme Court raised concerns about the Bar Council of India’s (BCI) authority to oversee legal education in the country. The Court noted that while the BCI may establish general guidelines for law schools, it lacks the expertise to set educational standards. This scrutiny highlights ongoing debates about the effectiveness and qualifications of regulatory bodies in shaping legal education in India.

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. An application was moved by advocate MG Yogmaya seeking extension of this rule to BCI too. She even urged the court to consider having a woman BCI chairperson on rotational basis along with office bearer posts earmarked for women in state bar councils.

He said that BCI regulates legal education under Section 7 of the Advocates Act, 1961 and operates law colleges simultaneously.

Senior advocate Shobha Gupta who argued the application said that the change is visible as by nomination, several former women high court judges have now been nominated into the state bar councils. She said that this reformation will bear fruit only when the reality is reflected at BCI, being the apex body for legal professionals.