BCI Raises Concerns About Rise In Low Quality Law Colleges, Appeals To Universities To Grant NOCs Only After Proper Evaluation

Raising concerns about the increasing number of low-quality law colleges in India, the Bar Council of India has written to all university Vice Chancellors urging them to conduct thorough inspections before granting No Objection Certificates(NOCs) for new legal education centres.The BCI noted that while they play a regulatory role, universities and government bodies must also be actively involved in ensuring quality education. They highlighted the need for collaboration to prevent the growth of substandard law colleges.“It's crucial to recognize the pivotal roles played by both the State Government and the Universities in addressing the mushroom growth/proliferation of substandard law colleges. The foundation of tackling this issue lies in the groundwork carried out by the State Government's Higher Education Department and the Universities, which serve as the grassroots entities responsible for regulating educational standards,” it added.The BCI's letter stated that despite its collective efforts, the Council continues to face significant challenges posed by the 'mushroom growth and proliferation of substandard law colleges.'BCI suggests guidelines on grant of NOCsSome guidelines, criteria, and procedures for consideration and grant of NOCs, suggested by BCI are :--Conduct a comprehensive survey to assess the demand for legal professionals in the region. Factors to consider include population demographics, legal infrastructure, demand for legal professionals, and employment opportunities for law graduates.---Assess the financial viability of the proposed center, including funding sources, fee structure, and sustainability plans. Verify the availability of funds for infrastructure development, faculty salaries, and other operational expenses.•-Specify the documentation required for NOC application, which may include detailed project proposals, financial statements, infrastructure plans, etc.--Establish a transparent and time-bound review process for NOC applications. Designate a committee or regulatory authority responsible for evaluating applications and making recommendations based on the above criteria. Ensure that decisions are communicated to applicants promptly and include reasons for approval or rejection.--Evaluate the center's plans for providing legal aid to the community and integrating clinical legal education into the curriculum. Emphasize the importance of hands-on learning experiences through internships, moot court competitions, and legal clinics.--Ensure that the proposed center complies with all regulatory standards set by the Bar Council of IndiaThe letter highlighted that expressing grave concern over the rampant proliferation of law colleges nationwide, the General Council of the Bar Council of India had taken decisive action by passing resolution No. 114/2015 dated 06.06.2015, which unequivocally urged all State Governments and Universities to impose restrictions on the issuance of No Objection Certificates (NOCs) and affiliations for a period of three years.The letter stated, “Despite this resolute decision and the subsequent issuance of circulars to this effect, it is regrettable to note that over 300 "No Objection Certificates (NOCs)" were issued by State Governments, and affiliations were granted by Universities. This concerning trend highlights the urgent need for stricter adherence to regulatory measures in order to curb the unchecked proliferation of law colleges across the country.”The Bar Council of India again, by way of resolution dated 11.08.2019, imposed a moratorium for a period of three years on opening New Law Colleges/Centers of Legal Education. However, this moratorium was set aside by the Punjab and Haryana High Court after noting that several societies had already invested huge sums for infrastructure based on the NOCs granted to them.Later, in 2021, the BCI revoked the morotorium.The letter pointed, “Despite the proactive measures taken by the Bar Council of India, the response from universities regarding surprise inspections of affiliated law colleges has not met the expected standards. Circulars dated 7th June 2016, 12th July 2019, and 28th March 2023 were issued to all universities, emphasizing the importance of conducting surprise inspections as a means to enhance legal education quality and curb the proliferation of substandard law colleges.”“However, the level of responsiveness and adherence to these directives has fallen short of expectations. Despite the clear instructions provided by the Bar Council of India, the desired level of cooperation and action from the universities in conducting and submitting reports of surprise inspections has not been achieved,” it further stated.“Thus, despite the imposition of moratoriums and taking regulatory measures, the issue persists, posing a serious threat to the quality and integrity of legal education in India,” it added.The BCI acknowledged and reiterated that their mandate primarily comes into play at the 3rd stage ...

BCI Raises Concerns About Rise In Low Quality Law Colleges, Appeals To Universities To Grant NOCs Only After Proper Evaluation

Bhavya Singh

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