How can BCI regulate law colleges: SC

On Wednesday, the Supreme Court expressed its intent to determine if the Bar Council of India (BCI) has the authority to oversee law colleges and universities. The bench, consisting of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, questioned the BCI's role as an expert body entrusted with regulating legal education, considering that law scholars and academics possess greater qualifications for addressing academic matters.

The key issue before the court is whether the BCI possesses the power to control and regulate educational institutions. The court emphasized that the BCI's regulatory role is only established after a licence is granted, thereby questioning the extent of its expertise in legal education. The top court is hearing petitions that challenge the functioning of the BCI-PEARL FIRST Trust and the creation of law colleges by the Trust.

The bench also issued a notice to the Bar Council of India, requesting a response within two weeks. Advocate Prashant Bhushan, representing petitioner Girish Mittal, argued that the BCI passed a resolution in 2016 to dissolve an earlier trust and transfer its assets to a new one. Bhushan further asserted that the 2020 trust deed designated 11 managing trustees as original and permanent, irrespective of their tenure as BCI members.

The counsel for the BCI contended that the organization had adopted a resolution stating that trustees would have a term equivalent to their membership period in the BCI, and the chairperson's position was only provisional until a newly constituted lawyers' body elected its officers. The court previously noted that Manan Kumar Mishra, the BCI's chairperson, held a temporary position until a new lawyers' body chose its members, and he had to seek approval for policy decisions from the Attorney General and Solicitor General.

Additionally, a petition contested Mishra's extended term as BCI chairperson, seeking his removal. The plea argued that the BCI's Rule 12(2) stipulates a two-year term for the chairperson, or until the member ceases their association with the Council, whichever occurs sooner. The petition also challenged a gazette notification extending Mishra's term until April 21, 2030.