Stories
Supreme Court Questions BCI's Authority to Regulate Law Colleges
- •The Supreme Court is examining whether the Bar Council of India (BCI) has the power to regulate law colleges and universities, stating its statutory role begins after a license is granted.
- •The bench, led by Chief Justice Surya Kant, questioned BCI's expertise in regulating legal education, suggesting law scholars and academics are better suited for academic matters.
- •The court is hearing petitions challenging the functioning of the BCI-PEARL FIRST Trust and the establishment of law colleges by the Trust.
- •Petitioner Girish Mittal alleged the BCI created a new trust in 2020 with 11 managing trustees as "original and permanent trustees" and subsequently established law colleges.
- •The BCI stated it has passed a resolution to eliminate lifetime trustees, making tenure co-terminus with BCI membership; the court previously questioned BCI Chairperson Manan Kumar Mishra's "pro tem" position and prolonged tenure.
Key Questions Answered
The Supreme Court questioned whether the Bar Council of India (BCI) has the authority to regulate law colleges and universities, emphasizing that its statutory role as a regulator only begins after a licence is granted. The bench remarked that academics and eminent law scholars are better suited to manage educational matters.
The Supreme Court was examining petitions that questioned the functioning of the BCI-PEARL FIRST Trust and the establishment of law colleges by that trust in Goa and Andhra Pradesh. During the hearing, advocate Prashant Bhushan alleged that the trust was created through a 2020 BCI resolution after funds were transferred from a previous trust.
A petition challenged the 2025 gazette notification that extended BCI Chairperson Manan Kumar Mishra's tenure until 2030, arguing it violates Rule 12(2) which prescribes a two-year term or until cessation of membership. The Supreme Court previously noted that Mishra's position is pro tem until a new body elects its office-bearers, requiring policy decisions to involve the Attorney General and Solicitor General.
