BCI urges universities to implement tighter regulations to curb mushrooming of sub-standard law colleges

The Bar Council of India (BCI) has issued a letter to all University Vice-Chancellors urging them to conduct surprise inspections, submit reports and adopt stricter regulatory measures before granting No Objection Certificates (NOCs) to set up law colleges in India..“Moving forward it is imperative for universities to demonstrate a greater commitment to fulfilling their responsibilities in conducting surprise inspections and promptly submitting reports to the Bar Council of India. Only through collaborative efforts and strict adherence to regulatory measures can the quality of legal education be safeguarded and the proliferation of substandard institutions be effectively addressed,” the letter signed by BCI Srimanto Sen reads..The letter highlights the BCI's previous attempts to curb the mushrooming of sub-standard law colleges. In its resolution dated June 6, 2015, restrictions were imposed on issuing NOCs and affiliations for three years. Despite this, the letter states, a staggering number of over 300 NOCs were issued by state governments and affiliations granted by universities. This compelled the BCI to impose a moratorium of three years on opening law colleges and even additional sections of existing colleges.However, this resolution was challenged and set aside by the Punjab and Haryana High Court in light of the large amounts already invested on infrastructure at these colleges post NOC being granted..The BCI also issued circulars in June 2016, July 2019 and March 2023 to conduct surprise inspections as a quality check mechanism on legal education. Despite this, the letter states, universities fell short of adhering to the protocols laid down in the circulars. “This lack of proactive engagement undermines the efforts to improve the standards of legal education and address the issue of unchecked growth of law colleges,” the letter reads..The letter draws attention to the fact that some universities don’t seem to be exercising due diligence in respect of Rule 16 of Chapter III of the BCI Rules of Legal Education, which lays down guidelines to be followed in the affiliation process..It also puts forth guidelines, criteria and procedures that law colleges could adopt for granting NOCs, namely: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 India..The letter also highlights the three stages of establishing a law college - obtaining an NOC from the Department of Higher Education which ensures the preliminary quality check; issuance of an affiliation order as an endorsement of the college’s curriculum; and BCI approval of the affiliation.“By meticulously adhering to these stages, the State Govt, Higher Education Dept and Universities can collectively mitigate the proliferation of substandard law colleges. The structured approach not only ensures the maintenance of educational standards but also signifies the integrity of legal education as a whole…We appeal to Universities and the Ministry of Education in each State to join hands with the BCI in our endeavour to uphold the sanctity and quality of legal education in India,” the letter concludes..[Read letter]