Without going into the merits or otherwise of the HER bill, it is clear that the BCI has never consulted meaningfully with legal academics, despite a statutory mandate to do so under the Advocates Act. In an Indian Express editorial, I’d argued as below:
“Some say that law is an instrument of power. Little wonder then that regulating access to the corridors of legal power is lucrative business — particularly when the regulatory turf lies in the world’s largest democracy, which now boasts more than 900 law schools.
Recently, the Bar Council of India (BCI) was in the news for protesting attempts by the Ministry of Human Resource Development to usurp its superintendence of legal education through the Higher Education and Research Bill, 2011. This squabble is merely one of many in a series of turf wars between various agencies to assert their dominance over legal education.
All of this naturally raises the question: does the BCI have the competence to regulate legal education in the first place? In terms of legal competence, the answer appears to be in the affirmative. As for institutional competence, the less said, the better.
Even in terms of legal competence, there is an important caveat that seems to have been missed by the BCI in all these years of regulatory dominance. Section 7(1)(h) of the Advocates Act, 1961, requires the BCI “to lay down standards of… (legal) education in consultation with the Universities in India imparting such education”. Past records do not suggest any meaningful consultation with universities. While castigating this deficiency, the National Knowledge Commission noted that of the 10 members of the BCI’s Legal Education Committee, only one was a full-time legal academic.
The lack of proper consultation is not just anathema to the law, but has also had an impact on the quality of BCI norms… To add to its woes, the 184th Law Commission Report noted several complaints from law schools that the BCI’s directives often “tend to be arbitrary.
……the BCI would do well to keep in mind that the purpose of law schools is not to merely mass-produce technically competent lawyers ready to serve the bar. Rather, it is to cultivate critical thinkers, social reformers and creative leaders free to pursue an array of career options. Law schools must therefore be encouraged to experiment with their curricula and conceptualise courses that foster critical and creative thinking beyond the black letters of the law.”
Protest Letter
In order to protest against this sordid lack of consultation, some of us came together and drafted a letter to the BCI. This letter has been signed by leading academics such as Professor MP Singh (ex VC of NUJS and current Chairman of Delhi Judicial Academy) and Professor NS Gopalakrishnan of CUSAT.
The protest letter takes issue with deplorable comments made by the BCI in its submission to the Parliamentary Committee reviewing the Higher Education and Research Bill (HER). I extract the relevant portion of our letter below:
“We take very strong exception to your statement to the Parliamentary Standing Committee as below:
We believe this is a seriously misguided sentiment and severely denigratory of the role that legal academics have played and continue to play in legal education today. While the efforts of practising lawyers and judges are no doubt important, the primary responsibility for legal education ought to vest in those that teach law full time i.e. legal academics/educationists.”
The letter also calls into question a BCI circular mandating students and law teachers to register and pay money for an alleged online portal/database.
We would also like to solicit the support of legal practitioners, law students and others within the larger ecosystem of the “law” (which really includes any member of the public). For this purpose, we have a pithy petition at change.org. You can support the petition by simply clicking on the link here and adding your signature.
This was beautiful Admin. Thank you for your reflections.
Pretty! This has been a really wonderful post. Many thanks for providing these details.
naturally like your web site however you need to take a look at the spelling on several of your posts. A number of them are rife with spelling problems and I find it very bothersome to tell the truth on the other hand I will surely come again again.
I really like reading through a post that can make men and women think. Also, thank you for allowing me to comment!
I really like reading through a post that can make men and women think. Also, thank you for allowing me to comment!
This is really interesting, You’re a very skilled blogger. I’ve joined your feed and look forward to seeking more of your magnificent post. Also, I’ve shared your site in my social networks!
I very delighted to find this internet site on bing, just what I was searching for as well saved to fav
I’m often to blogging and i really appreciate your content. The article has actually peaks my interest. I’m going to bookmark your web site and maintain checking for brand spanking new information.
I just like the helpful information you provide in your articles
I very delighted to find this internet site on bing, just what I was searching for as well saved to fav
Nice post. I learn something totally new and challenging on websites
I really like reading through a post that can make men and women think. Also, thank you for allowing me to comment!
This is my first time pay a quick visit at here and i am really happy to read everthing at one place
This is really interesting, You’re a very skilled blogger. I’ve joined your feed and look forward to seeking more of your magnificent post. Also, I’ve shared your site in my social networks!
You’re so awesome! I don’t believe I have read a single thing like that before. So great to find someone with some original thoughts on this topic. Really.. thank you for starting this up. This website is something that is needed on the internet, someone with a little originality!
I like the efforts you have put in this, regards for all the great content.
Pretty! This has been a really wonderful post. Many thanks for providing these details.
Hi there to all, for the reason that I am genuinely keen of reading this website’s post to be updated on a regular basis. It carries pleasant stuff.
I very delighted to find this internet site on bing, just what I was searching for as well saved to fav
Nice post. I learn something totally new and challenging on websites
I truly appreciate your technique of writing a blog. I added it to my bookmark site list and will
I just like the helpful information you provide in your articles
This is really interesting, You’re a very skilled blogger. I’ve joined your feed and look forward to seeking more of your magnificent post. Also, I’ve shared your site in my social networks!
For the reason that the admin of this site is working, no uncertainty very quickly it will be renowned, due to its quality contents.
I appreciate you sharing this blog post. Thanks Again. Cool.
Good post! We will be linking to this particularly great post on our site. Keep up the great writing
Hi there to all, for the reason that I am genuinely keen of reading this website’s post to be updated on a regular basis. It carries pleasant stuff.
Hi there to all, for the reason that I am genuinely keen of reading this website’s post to be updated on a regular basis. It carries pleasant stuff.
Hi there to all, for the reason that I am genuinely keen of reading this website’s post to be updated on a regular basis. It carries pleasant stuff.
Good post! We will be linking to this particularly great post on our site. Keep up the great writing
I’m often to blogging and i really appreciate your content. The article has actually peaks my interest. I’m going to bookmark your web site and maintain checking for brand spanking new information.
Pretty! This has been a really wonderful post. Many thanks for providing these details.
Nice post. I learn something totally new and challenging on websites
This is really interesting, You’re a very skilled blogger. I’ve joined your feed and look forward to seeking more of your magnificent post. Also, I’ve shared your site in my social networks!
Great information shared.. really enjoyed reading this post thank you author for sharing this post .. appreciated
Good post! We will be linking to this particularly great post on our site. Keep up the great writing
Great information shared.. really enjoyed reading this post thank you author for sharing this post .. appreciated
This is my first time pay a quick visit at here and i am really happy to read everthing at one place
This was beautiful Admin. Thank you for your reflections.
Awesome! Its genuinely remarkable post, I have got much clear idea regarding from this post
Pretty! This has been a really wonderful post. Many thanks for providing these details.
I really like reading through a post that can make men and women think. Also, thank you for allowing me to comment!
Hi there to all, for the reason that I am genuinely keen of reading this website’s post to be updated on a regular basis. It carries pleasant stuff.
Hi there to all, for the reason that I am genuinely keen of reading this website’s post to be updated on a regular basis. It carries pleasant stuff.
I really like reading through a post that can make men and women think. Also, thank you for allowing me to comment!
This is really interesting, You’re a very skilled blogger. I’ve joined your feed and look forward to seeking more of your magnificent post. Also, I’ve shared your site in my social networks!
naturally like your web site however you need to take a look at the spelling on several of your posts. A number of them are rife with spelling problems and I find it very bothersome to tell the truth on the other hand I will surely come again again.
I very delighted to find this internet site on bing, just what I was searching for as well saved to fav
Pretty! This has been a really wonderful post. Many thanks for providing these details.
Good post! We will be linking to this particularly great post on our site. Keep up the great writing