Supreme Court Questions Bar Council of India's Authority to Regulate Law Colleges
Quick Look
- The Supreme Court of India expressed concern over allegations that the Bar Council of India transferred its assets to a trust led by its chairman, Manan Kumar Mishra, and agreed to examine whether the BCI has the legal authority to establish and regulate law colleges and universities.
- The court sought BCI's response within two weeks and questioned its role as an expert body in legal education given that law scholars and academics are better suited for academic matters.
AI-generated summary
Why It Matters
The Bar Council of India is the statutory body responsible for regulating legal practice and legal education in India. Allegations have been raised that its assets were transferred to a trust headed by its chairman, Manan Kumar Mishra, raising concerns about conflicts of interest and misuse of funds. The trust established law colleges in Goa and Andhra Pradesh.
Bar Council of India chairman Manan Kumar Mishra.
NEW DELHI: Supreme Court said Wednesday allegations of Bar Council of India's assets being transferred to a trust created by the BCI chairperson are a matter of concern and it has to be examined. SC also agreed to examine whether it has the power to establish and regulate law colleges and universities. The court was hearing petitions questioning the functioning of BCI-Pearl First Trust and the establishment of law colleges by the trust. It sought BCI's response on the issues within two weeks. A bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana asked how BCI can be considered an expert body to regulate legal education when law scholars and academics are better suited to deal with academic matters. "How can BCI regulate law colleges? That's the real question. Their statutory role comes into existence only after one gets a licence. So the issue is whether law schools can be regulated. We'd like to examine whether BCI has the power to control and regulate universities/law colleges," the bench said.
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Advocates Prashant Bhushan and Pranav Sachdeva, appearing for petitioner Girish Mittal, said BCI passed a resolution in 2016 and abolished an earlier trust and transferred the funds to a new trust 'Bar Council of India Trust for Promotion of Education, Legal and Professional Reforms and Improvement in Research'. They said the trust established one law college each in Goa and Andhra Pradesh. BCI, however, said the Bar body has passed a resolution providing that there would be no lifetime trustees and that the tenure of trustees would be coterminous with their membership of BCI. SC had earlier said BCI chairperson Manan Kumar Mishra's position was only "pro tem" until a freshly constituted lawyers' body elects its office bearers. Mishra was first elected as BCI chairperson till 2012. Though he briefly demitted office in 2014, he returned as chairperson in Nov that year and has remained in the post since then.
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What to Watch
AI outlook — possibilities, not facts
The Supreme Court will issue a notice to the Bar Council of India seeking its response on the allegations and regulatory authority within two weeks.
Very likely · Within weeks
The Supreme Court will examine whether the Bar Council of India has the power to establish and regulate law colleges and universities.
Very likely · Within weeks
Open Questions
- Did the Bar Council of India legally transfer its assets to the trust led by its chairman?
- Does the Bar Council of India have constitutional or statutory authority to establish and regulate law colleges and universities?
- What is the legal status of the Bar Council of India Trust for Promotion of Education, Legal and Professional Reforms and Improvement in Research?
- Are the law colleges established by the trust in Goa and Andhra Pradesh operating with proper approvals?
