How Many Law Colleges Can Operate In A State? SC Asks BCI [Read Order]

The Supreme Court, on Monday, directed the Bar Council of India (BCI) to furnish district-wise data on the number of law colleges that can be permitted to operate in a particular State.

The Bench comprising Justice Arun Mishra and Justice Mohan M. Shantanagoudar also demanded a list of law colleges approved by the BCI in various States. The BCI Secretary was directed to file a detailed affidavit before the next date of hearing. The matter has been directed to be listed in the 2nd week of March.

The Court is hearing an Appeal filed by the State of Tamil Nadu challenging a judgment passed by the Madras High Court, whereby it had quashed the Tamil Nadu Establishment of Private Law Colleges (Prohibition) Act, 2014 as being illegal, unconstitutional and ultra vires the Constitution of India.

Opining that the Act directly infringed upon the fundamental right to carry on a trade, business and occupation guaranteed by Article 19(1)(g), the High Court had then observed, "Right to establish and administer and run a private unaided educational institution is the very openness of personal freedom and opportunity which is constitutionally protected, which right cannot be robbed of or coerced against his will at the threat of non-recognition or non-affiliation."