8 hrs ago
Supreme Court Examines BCI Power Over Legal Education
The Supreme Court of India is examining how much control the Bar Council of India should have over law schools.
The judges questioned whether the BCI is the right expert body for academic decisions.
They said law professors and education experts may be better suited to handle those matters.
The case also concerns a trust connected with the BCI that established law colleges in Goa and Andhra Pradesh.
A petitioner alleged that the trust gave some trustees permanent positions.
The BCI said it had decided that trustees’ terms would end when their BCI membership ended.
The court asked the BCI to respond within two weeks.
A separate petition also challenges the length of Manan Kumar Mishra’s tenure as BCI chairperson.
The Supreme Court will examine whether the Bar Council of India can regulate law colleges and universities.
The bench questioned whether the BCI has the expertise to control academic matters in legal education.
The case involves petitions challenging the BCI-PEARL FIRST Trust and law colleges established by the trust.
Petitioners alleged that a 2020 BCI trust deed created 11 original and permanent managing trustees.
The court sought the BCI’s response within two weeks amid separate challenges to Manan Kumar Mishra’s tenure as chairperson.
- Who
- The Supreme Court of India, the Bar Council of India, petitioners including Girish Mittal, and BCI chairperson Manan Kumar Mishra.
- What
- The court is examining the BCI’s authority to regulate law colleges and universities, along with challenges involving a BCI-linked trust and the chairperson’s tenure.
- Where
- The proceedings are before the Supreme Court; the trust established law colleges in Goa and Andhra Pradesh.
- When
- The hearing took place on Wednesday; the court asked the BCI to respond within two weeks. A disputed notification extending Mishra’s tenure was issued on April 21, 2025.
- Why
- Petitions question the BCI’s legal authority over legal education, the governance of its education trust, and the legality of Mishra’s prolonged tenure.
Petitioners and Court Concerns
BCI Position
Authority over legal education
Petitioners and Court Concerns
The petitioners question whether the BCI has statutory power or sufficient academic expertise to control law colleges and universities.
BCI Position
The BCI continues to act as the statutory regulator of the legal profession and is defending its position in the proceedings.
Trustee appointments
Petitioners and Court Concerns
Prashant Bhushan alleged that the 2020 trust deed made 11 managing trustees original and permanent trustees regardless of their BCI membership tenure.
BCI Position
BCI counsel said the body had resolved that there would be no lifetime trustees and that trustee terms would be co-terminous with BCI membership.
BCI chairperson’s tenure
Petitioners and Court Concerns
A petition argues that Rule 12(2) limits the chairperson and vice-chairperson’s term to two years or until membership ends, and challenges the extension of Manan Kumar Mishra’s tenure until 2030.
BCI Position
The article reports that Mishra’s position was described by the court as pro tem until a newly constituted lawyers’ body elects office-bearers; no further BCI position on the tenure challenge was stated.
Key facts
- Court
- Supreme Court of India
- Regulator under scrutiny
- Bar Council of India
- Court’s central question
- Whether the BCI can control and regulate law colleges or universities
- Trust at issue
- Bar Council of India Trust for Promotion of Education, Legal and Professional Reforms and Improvement in Research
- Colleges mentioned
- One law college each in Goa and Andhra Pradesh
- Response deadline
- The BCI was given two weeks to respond
- Chairperson tenure dispute
- A petition challenges a notification extending Manan Kumar Mishra’s tenure until 2030
Quotes
Chief Justice Surya Kant
Chief Justice of India and member of the Supreme Court bench hearing the petitions
“How can BCI regulate law colleges? That's the real question. Their statutory role comes into existence only after one gets licence. So the issue is whether law schools can be regulated?”
telegraphindia.com
“How is the BCI an expert body to regulate legal education? What do they know about legal education?”
telegraphindia.com
Sources
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