Lawstreet Journal

Punjab & Haryana HC Sets Aside Moratorium Imposed By Bar Council Of India On Opening Of New Law Colleges [READ ORDER]

Lawstreet Journal 25 Dec 2020 3:04am

Image courtesy: Lawstreet Journal Judiciary Punjab & Haryana HC Sets Aside Moratorium Imposed By Bar Council Of India On Opening Of New Law Colleges [READ ORDER]

A Single Bench of Justice Rekha Mittal, in a verdict rendered on 4th December 2020, held that the BCI cannot impose a complete ban on opening of new law colleges, under the pretext of regulating Legal Education.

The Court was hearing a writ petition filed by the Chandigarh Education Society, asking the Court to allow them to establish a new law college namely, 'Chandigarh Law College'. They further sought directions from the Court to declare the moratorium imposed by the Bar Council of India as violative of their fundamental right to practice any profession, or to carry any occupation, trade or business, under Article 19 of the Indian Constitution.

The petitioner argued with vigour that the BCI had no power under Section 7 of the Advocates Act, 1961 to ban new law colleges from being established. The petitioner contended that this Section only empowers the Council to lay down the standard of education that the law colleges have to adhere to.

The Counsel for the Respondents argued that the moratorium was only imposed in the interest of improving the standards of the existing legal education institutes.

The Court observed that the Council had failed to mention any provision of the Advocates Act which empowers it to impose a complete ban on the establishment of any new legal education institute. The Court also noted that the Council had failed to point out any law institute that had been shut down till date for non-adherence to the prescribed standard of Legal Education or circulars issued by the BCI. Â«If the existing Centers of Legal Education/Law Colleges/Law… Continue Reading...

Tagged: Punjab and Haryana High Court  
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