BCI Raises Concerns About Rise In Low Quality Law Colleges, Appeals To Universities To Grant NOCs Only After Proper Evaluation

Raising concerns about the increasing number of low-quality law colleges in India, the Bar Council of India has written to all university Vice Chancellors urging them to conduct thorough inspections before granting No Objection Certificates(NOCs) for new legal education centres.

The BCI noted that while they play a regulatory role, universities and government bodies must also be actively involved in ensuring quality education. They highlighted the need for collaboration to prevent the growth of substandard law colleges.

“It's crucial to recognize the pivotal roles played by both the State Government and the Universities in addressing the mushroom growth/proliferation of substandard law colleges. The foundation of tackling this issue lies in the groundwork carried out by the State Government's Higher Education Department and the Universities, which serve as the grassroots entities responsible for regulating educational standards,” it added.

The BCI's letter stated that despite its collective efforts, the Council continues to face significant challenges posed by the 'mushroom growth and proliferation of substandard law colleges.'

BCI suggests guidelines on grant of NOCs

Some guidelines, criteria, and procedures for consideration and grant of NOCs,  suggested by BCI are :

--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 highlighted that expressing grave concern over the rampant proliferation of law colleges nationwide, the General Council of the Bar Council of India had taken decisive action by passing resolution No. 114/2015 dated 06.06.2015, which unequivocally urged all State Governments and Universities to impose restrictions on the issuance of No Objection Certificates (NOCs) and affiliations for a period of three years.

The letter stated, “Despite this resolute decision and the subsequent issuance of circulars to this effect, it is regrettable to note that over 300 "No Objection Certificates (NOCs)" were issued by State Governments, and affiliations were granted by Universities. This concerning trend highlights the urgent need for stricter adherence to regulatory measures in order to curb the unchecked proliferation of law colleges across the country.”

The Bar Council of India again, by way of resolution dated 11.08.2019, imposed a moratorium for a period of three years on opening New Law Colleges/Centers of Legal Education.  However, this moratorium was set aside by the Punjab and Haryana High Court after noting that several societies had already invested huge sums for infrastructure based on the NOCs granted to them.

Later, in 2021, the BCI revoked the morotorium.

The letter pointed, “Despite the proactive measures taken by the Bar Council of India, the response from universities regarding surprise inspections of affiliated law colleges has not met the expected standards. Circulars dated 7th June 2016, 12th July 2019, and 28th March 2023 were issued to all universities, emphasizing the importance of conducting surprise inspections as a means to enhance legal education quality and curb the proliferation of substandard law colleges.”

“However, the level of responsiveness and adherence to these directives has fallen short of expectations. Despite the clear instructions provided by the Bar Council of India, the desired level of cooperation and action from the universities in conducting and submitting reports of surprise inspections has not been achieved,” it further stated.

“Thus, despite the imposition of moratoriums and taking regulatory measures, the issue persists, posing a serious threat to the quality and integrity of legal education in India,” it added.

The BCI acknowledged and reiterated that their mandate primarily comes into play at the 3rd stage once an institution has procured NOC from the concerned Education Ministry in the State and has further obtained an affiliation order from the University concerned.

It is at the initial stages, BCI pointed out that particularly during the process of grant of No Objection Certificate by the Ministry of Education in each State and Centre as applicable according to the location and jurisdiction of the Centre of Legal Education, and during the process of affiliation by an University, where proactive measures must be taken to ensure compliance with stringent standards.

Referring to Rule 16 of Chapter III of the Bar Council of India Rules of Legal Education, which underscores the importance of strict adherence to prescribed guidelines and criteria during the affiliation process by a University to a law College/Center of Legal Education, the BCI opined that some universities may not be exercising due diligence in this regard.

The BCI has earnestly requested and directed all affiliating Universities to, “not only comply with the aforementioned directives but also to furnish comprehensive insights into the criteria, norms, personnel involved, and the inspection procedures utilized during the affiliation process of new legal education centers. This should encompass all documents involved in the entirety of the affiliation process, including a standardized format of the inspection form and report.”

The BCI cited the stipulated regulations given by the Apex Court in the case of The State of Tamil Nadu Vs. Advocate's Forum for Social Justice & ors., to ensure adherence to which the BCI stated, “it is imperative that we have access to the inspection reports conducted by universities in relation to their affiliated centers of legal education. This holistic approach will enable us to effectively monitor and assess compliance with the prescribed standards, thereby upholding the integrity and quality of legal education across all affiliated institutions.”

Furthermore, the BCI has urged the state governments and their concerned Ministries, to conduct thorough surveys and assessments before granting No Objection Certificates (NOCs) to new centers of Legal Education.

The BCI has stated that it is imperative that these NOCs are issued based on comprehensive evaluations of the need for legal professionals in the region and the ability of the proposed centers of legal education to meet the requisite standards.

“We request you to kindly let us the know criteria and documentation required and the process and procedure for consideration and grant of NOC to proposed Centres of Legal Education,” it further stated.

This will help in promoting the growth of legal education institutions that contribute effectively to the development of the legal profession and justice system in the region.

The letter highlighted that the establishment of a law college typically undergoes three key stages i.e., firstly, it requires obtaining a No Objection Certificate (NOC) from the Department of Higher Education, which serves as an initial quality control measure ; secondly, the Concerned University issues an affiliation order, signifying its endorsement of the college's standards and curriculum ; and lastly, the Bar Council of India grants approval to the university's affiliation, ensuring adherence to the Rules of Legal Education.

The Letter stated, “By meticulously adhering to these stages, the State Government, Higher Education Departments, and Universities can collectively mitigate the proliferation of substandard law colleges. This structured approach not only ensures the maintenance of educational standards but also safeguards 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 endeavor to uphold the sanctity and quality of legal education in India,” it concluded.

Click Here To Read BCI's Letter