The Supreme Court on Wednesday said it will examine whether the Bar Council of India (BCI) has the power to regulate law colleges and universities while emphasising its statutory role as a regulator.
Supreme Court of India | File Image
NEW DELHI: The Supreme Court on Wednesday said it would examine whether the Bar Council of India (BCI) has the power to regulate law colleges and universities.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana raised the question while hearing petitions concerning the functioning of the BCI-PEARL FIRST Trust and its establishment of law colleges. The court issued notice and sought the BCI’s response within two weeks.
“How can BCI regulate law colleges? That’s the real question,” the Chief Justice remarked. He questioned whether the council, whose role includes regulating entry to the legal profession, had the expertise to control academic matters. He said it could lay down general guidelines but questioned its authority to control law colleges.
Advocate Prashant Bhushan, appearing for petitioner Girish Mittal, submitted that the BCI had passed a resolution in 2016 abolishing an earlier trust and transferring its funds to a new one. He referred to the creation in 2020 of the Bar Council of India Trust for Promotion of Education, Legal and Professional Reforms and Improvement in Research.
Bhushan alleged that the trust deed made 11 managing trustees “original and permanent trustees”, regardless of their tenure as BCI members. The trust subsequently established a law college each in Goa and Andhra Pradesh, he said.
Counsel for the BCI said the council had since passed a resolution ending lifetime trusteeships and making trustees’ tenure co-terminous with their BCI membership.
( Source : Deccan Chronicle )
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