BCI to appoint panel for drafting rules on moratorium on opening of new law colleges

NEW DELHI: The Bar Council of India (BCI) Wednesday resolved to appoint a committee to consider the drafting of Rules for moratorium imposed by it on the opening of new law colleges.

The BCI had, by way of resolution dated August 11, 2019, imposed a moratorium for a period of three years on the opening of new law colleges/centres.

“The moratorium imposed vide council resolution was challenged by way of a Civil Writ Petition before the Punjab and Haryana High court and the Court has set aside the Moratorium being violative of Article 19(1)(g) of the Constitution of India."

“BCI has filed an appeal against the above-referred order dated December 4, 2020, but it realises that it would be feasible and better if a Committee is appointed to consider drafting of Rules for a moratorium which thereafter can be placed before the Legal Education Committee which has a statutory sanction under section 10 (2) (b) of the Advocates Act, as was observed by the Punjab and Haryana High Court,” the bar body said in a release.

The Bar said that it has decided to withdraw its appeal against the order of Punjab and Haryana High Court setting aside the three-year moratorium imposed by the Council in August 2019, on the opening of new law colleges.

“The Council has also resolved to undertake surprise visits of Colleges/Centers of Legal Education which, presently, may not be workable till the pandemic is over as mostly all educational institutions are closed.

The Bar Council of India has accordingly decided to file an application for withdrawal of the appeal,” it said. BCI said that it had been observed that state governments often issue “No Objection Certificate” in a very casual manner for the opening of Law colleges without consideration of demand of particular area or population of the area.

The Bar body said that it had imposed the moratorium in order to curtail the mushrooming growth of Law colleges/Centers of legal education in the country with a view to improve the standards of providing legal education by Law Colleges/Centers of Legal Education.

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