The ongoing war between the Ministry of Human Resources and Development (HRD) and the Law Ministry, sees no respite. According to a report by the Hindustan Times, the Law Ministry wants to take control over powers given to the Bar Council of India (BCI), an independent regulator, which regulates and has control over the legal education and profession in India. 

The draft Higher Legal Education and Research Bill, 2010 (Law Ministry Bill) proposed by the Law Ministry imposes for creation of a National Commission to regulate legal education.

The Law Ministry Bill intends to counter the HRD Ministry’s, National Commission for Higher Education and Research Bill, 2010 (HRD Ministry Bill). The National Commission proposed in the Law Ministry Bill will comprise of a Chairperson, six members to be appointed on the recommendation of a selection panel headed by the Prime Minister along with the Attorney General, Chief Justice of India or a nominee of the CJI and the Law Minister.

A BCI functionary, speaking with the Hindustan Times (talking about the Law Ministry Bill) said, “It runs contrary to the provisions of the Advocates Act, 1961, which (BCI) regulates legal education and profession.”

A Law Ministry official told Hindustan Times, “The draft Bill is at a consultation stage. All issues would be sorted out with the BCI. After all we provide funds for its functioning.”

On the other side, the Planning Commission is overriding the Law Ministry’s plan of setting up five Centres for Advanced Research in Law (CARL) across India. The objective of the Centres for Advanced Legal Studies and Research Bill, 2010 is to provide cutting-edge research and to serve as a think tank for advising the Government. CARL will also work towards improving faculty quality of various law colleges in India.

The Planning Commission which controls the funding for projects seems unconvinced over establishing CARL and does not concur with the Law Ministry’s views. The Planning Commission justifies, saying that there is no need for separate funding to the Law Ministry as it already gets funds from the HRD Ministry and the University Grants Commission, for its research in specific subjects.

A Planning Commission official said to the Hindustan Times, “The Indian Law institute has been given money in the past for doing research on issues related to law.”

A Law Ministry official told Hindustan Times, “The Law Ministry is hopeful of winning the Plan panel’s nod for its project. We will place our case firmly before the Planning Commission and we are confident that they will listen to us and provide adequate funds.”