Bar Council Of India Announces Three-Year Moratorium On Establishment Of New Centers Of Legal Education In India

The Bar Council of India (BCI) has framed the Rules of Legal Education, Moratorium (Three-Year Moratorium) with respect to Centers of Legal Education, 2025, which effectively puts a bar on establishment or granting of approval to any new Center of Legal Education in India.The Regulation, which is prescribed to remain in force for three years, further bars introduction of any new section, course, or batch without the prior written and express approval of the BCI and all such proposals, if considered at all, will be subjected to strict scrutiny and ongoing compliance reviews.In light of this, the BCI advises Universities, State Governments, Central Government entities and other institutions to not submit or forward proposals for establishment of new Centers of Legal Education while the moratorium is in operation.The moratorium aims to “arrest the decline in quality across segments of legal education, evidenced by the unchecked mushrooming of substandard institutions, routine issuance of NOCs by State Government and affiliations by Universities without proper inspection, and to prevent the commercialization of legal education, widespread academic malpractice, and persistent shortages of qualified faculty.”During the moratorium, the BCI shall conduct intensified inspections and compliance audits on existing Centres of Legal Education. In cases of institutions failing to maintain prescribed standards, the BCI may order closure or de-recognition. Consequences of violations further include withdrawal of BCI approval, de-recognition of degrees issued in contravention of the Rules, ineligibility of graduates for enrolment under Section 24 of the Advocates Act, 1961, and initiation of disciplinary, civil and criminal proceedings against offending institutions and authorities.However, the Regulation shall make certain exceptions for proposals dedicated exclusively to socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and Economically Weaker Sections, proposals in remote, tribal or aspirational districts notified by the competent authorities; courses designed solely for persons with disabilities, and proposals of State or Central Universities created by statute or specifically recommended by the competent Ministries. These proposals are expected to satisfy strict conditions, including valid NOCs, prior university affiliations, demonstrate infrastructure and faculty strength, and comply with need-based establishment under the Rules of Legal Education.The Regulation shall also specify transitional safeguards whereby Centers with conditional approvals prior to commencement shall not commence operations during the moratorium unless they meet the requirements under the Rules of Legal Education and receive express clearance from the BCI. Further, pending applications duly processed through the prescribed stages shall remain eligible for consideration.It was further stated,“The approval framework reiterates the three-stage process. First, a needs-based No Objection Certificate must be obtained from the State Government or relevant Ministry after an objective assessment of regional necessity. Second, the affiliating University must ensure strict compliance with minimum standards under the Rules of Legal Education, 2008 including governance structure, infrastructure, faculty recruitment, library resources, capital fund, and other mandatory criteria before granting affiliation. Third, only after these stages may the BCI conduct its own comprehensive inspection and decide on approval.”It was also clarified that the Regulation overrides any conflicting resolutions, circulars, notifications or prior decisions issued by the BCI or any other authority relating to legal education.Click Here to Read/Download Notification

Bar Council Of India Announces Three-Year Moratorium On Establishment Of New Centers Of Legal Education In India

Saahas Arora

Tags