BCI empowered to inspect law colleges, says Bombay HC

Institutions failing to comply with inspection rules risk prosecution and long-term damage to students’ legal careers. Representation Pic/istock

The Bar Council of India (BCI) has recently issued a directive and final reminder to all the Secretaries of State Bar Councils, directing strict compliance of order to refrain from enrolling candidates as advocates who have graduated from Centres of Legal Education (CLE) not recognised/approved by the BCI.

The issue

Apart from citing Supreme Court order dated June 9, 2023, the BCI has also cited a recent Bombay High Court judgment on April 2, 2025 in the case of Nathibai Damodar Thackersey Women's University law School v/s State of Maharashtra. The petition by the latter has challenged several provisions of the Rules of Legal Education, 2008, framed by the BCI and questioned the authority of the BCI to inspect law colleges affiliated with universities.

Dr Sharmila Ghuge, associate professor of law, Jitendra Chauhan College of Law, Vile Parle

Court order

The court, in its order, emphasised that the BCI has a paramount duty to maintain standards of legal education in the country. Further, the court reaffirmed that the power of inspection is not restricted to universities alone but extends to all Centres of Legal Education, including law colleges affiliated with universities. The petitioner law school cannot claim immunity from inspection by the Bar Council.

Non-compliance

"All CLEs are hereby directed to ensure strict adherence to the BCI Rules of Legal Education, 2008, including the requirement for timely submission of application for approval, compliance with inspection protocol and payment of requisite fees. Institutions operating without valid BCI approval not only risk de-recognition but may also face legal action, including criminal prosecution, as observed in recent judicial orders," the letter read.

"CLEs must coordinate with their affiliating universities to ensure that their approval status is transparently and accurately reflected on all admission and public portals before the commencement of each academic session. Non-compliance will be viewed seriously and may lead to irrevocable consequences affecting both the institution and the students," the letter read.

Academician Speak

UK Nambiar, principal of MCT Law college said, "It is known that legal education is becoming one of the predominant interests for students when it comes to pursuing higher education, and therefore, there needs to be proper checks and balances by authorities like BCI so that the students are not at an academic loss."

Dr Sharmila Ghuge, associate professor of law, at Jitendra Chauhan College of Law, Vile Parle, said, "I can only say if BCI is the governing body for legal education, why is it that BCI turns a blind eye to many things which need immediate attention. What does the BCI do about attendance? Why should Sanad [a formal document or certificate, particularly for advocates in India] be awarded to students who have zero attendance? Why is there no mechanism to check attendance before degrees are awarded? BCI, during its inspection, checks the infrastructure of classrooms but doesn't bother to see if there are students in that classroom. BCI needs to focus on qualitative legal education, not on mere empty formalities of issuing circulars from time to time. There is no checks and balances system."

Advocate Dhanpal Jain, a practising advocate, said, "To improve legal education in India, reforms are needed to enhance quality, address contemporary challenges, and ensure graduates are well-equipped for the 21st century, including incorporating new technologies like AI, professional ethics, drafting, pleading, conveyancing and interdisciplinary studies, inclusion of subjects like law and medicine, sports law, energy law, tech law/cyber law, commercial & investment arbitration, securities law, telecom laws, banking laws & insurance law in undergraduate courses."