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BCI powers should be restricted to eligibility for practising: panel

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BCI powers should be restricted to eligibility for practising: panel

  • Recently, the Parliamentary Standing Committee on Personnel, Public Grievances, Law And Justice presented a report titled “Strengthening Legal Education in View of Emerging Challenges Before The Legal Profession” in the Rajya Sabha.

Restricting BCI's Role

  • The report suggests restricting the Bar Council of India's (BCI) role to granting basic eligibility for practising at the Bar.
  • It criticizes the BCI for reckless proliferation of substandard law colleges due to its unchecked power to inspect and grant recognition.

Independent Authority for Postgraduate Programs

  • The panel recommends establishing an independent authority for postgraduate legal programs, emphasizing the need for relevance beyond courtrooms.
  • It argues that the BCI lacks the power and expertise for necessary changes in legal education.

Creation of National Council for Legal Education and Research

  • It also proposed the formation of a “National Council for Legal Education and Research” under the Higher Education Commission of India (HECI).
    • This suggests a separation from the BCI's jurisdiction.
  • However, the HECI Bill, which excludes medical and law colleges, is yet to be introduced in Parliament.

Uniform Curriculum

  • The panel advocates for a uniform curriculum across law colleges to replace the current practice of different syllabi by affiliating universities.
  • It highlights the need for consistency among law students and recommends the BCI to define this uniform curriculum for undergraduate courses.

Quota Implementation

  • The panel observed that premier law colleges have not implemented quota for SCs, STs and OBCs in undergraduate and postgraduate courses especially in all-India seats.
  • Therefore, the report suggests that the BCI should consider withdrawing recognition if NLUs and other colleges fail to implement it.

Prelims Takeaway

  • Bar Council of India (BCI)
  • Higher Education Commission of India (HECI)

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