Regulation of Legal Education: BCI registers protest to handing over regulatory functions to proposed Higher Education Commission

A statement has been issued on behalf of the Bar Council of India (BCI) registering protest over the proposal to grant a “Higher Education Commission” regulatory functions over legal education by way of the Higher Education Commission of India (Repeal of University Grants Commission) Bill, 2019 (2019 Bill)..In this regard, the statement signed off by BCI Chairman Manan Kumar Mishra states that a resolution had been passed seeking the express exclusion of the Advocates Act, 1961 from the purview of the 2019 Bill. In the absence of such exclusion, apprehension has been raised that the BCI’s role in regulating legal education would be curtailed, and instead handed over to the proposed Higher Education Commission..In furtherance of the protest, it is intimated a Joint Meeting of all State Bar Councils is scheduled to be held on October 12. Further, it is also informed that protest rallies are being planned in all State capitals, apart from a Gherao in the Parliament during the Winter Session if the Bill is moved and the Advocates Act is not excluded from the ambit of the 2019 Bill..2019 Bill seeks to curtail BCI’s regulatory powers over higher legal education.In a representation addressed to the Prime Minister, the specific objection is registered to Section 31 of the Bill, which provides that the proposed Act will apply to matters concerning the determination, coordination, maintenance of standards in, and promotion of higher education and research. The proviso to this provision lays down that nothing in the section should be construed as restricting the power of the BCI to specify standards of higher education concerning practice in courts. .However, the BCI has asserted that Section 31 makes it “absolutely clear that under the garb and disguise of this present draft bill the basic and inherent power of the Bar Council of India as envisioned by the lawmakers by way of section 7 of the Advocates Act…has been sought to be curtailed.”.Further, objection has also been registered to Section 26 which provides that the Act would have an overriding effect over other inconsistent laws. .The BCI statement asserts that higher legal education is already being overseen by a “very sound Statutory Legal Education Committee, which is headed by a former Judge of Supreme Court of India and consists of two sitting Chief Justices of High Courts, several sitting and former Judges of different High Courts, three Vice-Chancellors of National Law Universities, noted academicians and Secretary, Legal Department.”.In the representation made to the Prime Minister (as appended to the BCI statement), the BCI has stated,.“Legal Education cannot be allowed to be regulated by outsiders, social workers or the teachers. The Council has raised the demand to spare the professional legal studies from the purview of the “Higher Education Commission of India (Repeal of University Grants Commission ( Bill, 2019”. In its General Council Meeting, the Council has decided to protest by tooth and nail the constitution of any other body for regulation of Legal Education in the country….… For Professional studies of LLB, the so-called Higher Education Commission is nothing in comparison to the Legal Education Committee of Bar Council of India. Moreover, we cannot tolerate the interference of any outsider in the matter of regulation of Legal Education. We have invoked Hon’ble Judges, Senior and eminent advocates, Jurists, noted law professors and educationists of the country.“.Credit for NLSIU goes to BCI.The statement emphasizes that the BCI is to be credited for the creation of the National Law School of India University (NLSIU), Bangalore..While referring to the BCI’s role in regulating legal education, the statement also states,.“It may be pointed out that the National Law School of India University, Bengaluru, was created by the Bar Council of India and it has a very high ranking, globally among Law Universities.”.In a resolution passed by the BCI on September 28, which is appended to the BCI statement, it is stated, that the NLSIU was “was not established by any Government or HRD, but it was established by the Bar Council of India long back in the year 1986 and due to able management of BCI it has maintained its glory until now.”.In furtherance of its responsibilities, the statement also highlights that recently, the BCI had also put a moratorium of three years against affiliation of new law colleges or universities in India..The resolution passed by the BCI on September 28 also reiterates that “the Indian Bar cannot tolerate any interference or encroachment over their functions relating to the regulation of legal education or the legal profession.”.Confident that the Government will prevent Bill from affecting BCI’s role.The representation addressed to the Prime Minister, dated September 30, has also made it clear that it is not criticising the present regime, stating,.“We are sure that the bureaucrats and “Babus” have put Hon’ble Prime Minister, Hon’ble HRD Minister and our Hon’ble Law Minister in dark and got this bill drafter. After coming to know the truth out beloved Hon’ble Prime Minister Modi Ji, Hon’ble Mr Amit Shah Ji and our other Hon’ble Union Ministers will never allow such a step or Bill which could affect the Advocates Act, 1961. Our topmost guardians will not allow anyone to annoy the Advocates of our country. The lawyers are always with our Modi Ji and the present government.“.After highlighting offending provisions of the 2019 Draft Bill, the representation prays that requisite changes be made to the Bill be made so that “Centres of Legal Education, Law colleges and all Universities dealing with Legal Education” be expressly excluded from its ambit. Further, it is also prayed that the Advocates Act be excluded from the effect of Section 26 (concerning the overriding effect of the Act) of the Bill..[Read the Statement]