Government wants to strip BCI of education

Law minister Veerappa Moily said the government had finished a Bill to set up a new National Commission for Higher Legal Education and Research, which would replace the BCI as the regulatory body responsible for legal education, recognition of law colleges and a unified law school curriculum.

“Education is a complex subject and fixing up of curriculum for legal education and research is even more complex. Hence, we thought of bringing in a bill to create a national commission comprising of renowned professionals and jurists to give a fillip to legal education and research. Education should be left to professionals,” Moily told the Times of India.

According to the Times of India the new regulator would specify:

  • Norms and standards of academic quality for accreditation and benchmarking of higher legal educational institutions, which means criteria for quality control
  • Norms and processes for declaration of a law university or an higher legal educational institution empowered, by or under any law, to award any degree or diploma, to commence its academic operations. This is vital since no law college could commence operation without the Commission’s nod
  • Norms of academic quality for a law university or law school
  • Regulate the entry and operation of foreign law educational institutions

The BCI recently came under fire late last year as one of its members was detained by the CBI for allegedly taking a bribe to accredit a law college.

The law ministry also recently proposed a bill that would create a new legal services regulator to oversee the BCI’s professional regulatory functions.

Comments

unlikely anything even happened 3 Jan 2011, 18:25
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Another empty promise...doubt the bill has even been drafted.
LI to double check/ rti on where things actually stand.
Anonymous guest 3 Jan 2011, 18:39
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When BCI started taking interest in the way the law schools really functioned and started enforcing/taking seriously its norms, the ministry steps in saying it has more competence. Hope this does not have the makings of another scam.
lex suprema 3 Jan 2011, 20:31
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Now more confusion is created by this........... so.. if its so does it mean that BCI has got no authority to tk the bar exam mandatorily. and if its tk it will be deliberate colorable exercise of power.........thereby mking it legaly liable for compensation
Anonymous guest 4 Jan 2011, 05:58
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3 REQUESTS AS REGARD LM MOILY :
RTI/PERFORMANCE CHECK-CHARGESHEET-SACK !
Anonymous guest 4 Jan 2011, 19:27
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In #3 plz excuse the typo mistake. "and if it takes....."
Anonymous guest 5 Jan 2011, 02:02
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another false promise by moily. useless guy.
Anonymous guest 5 Jan 2011, 03:32
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will it decide abt the bar exam also...
Anonymous guest 5 Jan 2011, 22:40
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Legal education and legal practice are different focus areas. National Commission for Higher Legal Education and Research Bill, would set up a regulatory authority to oversee Legal education and NOT legal practice. BCI would still have the power to govern the domain of legal practice. BCI had been criticised in various legal education reforms to do nothing substantive for legal education as it is a professional body dealing mainly with guiding lawyers in the profession; GS wanted to split BCI function and have an autonomous body within the BCI to act as an educational directorate. Unfortunately he decided to go with the major reform of bar exam which mired the rest of his ambitious plan, to overhaul the structure, in jeopardy. Thus even of the bill is passed, the BCI would still be able to conduct bar exam (after suitably amending the Advocates Act) as it would still have the power to regulate the profession and the entry of professional. BCI would have some recommendatory power in framing the education structure, but its recommendation to the National Commission for Higher Legal Education and Research would be merely persuasive and not binding. If the proposal of bar exam and the national commission on legal education are finally carried through we would find that India has finally ushered in the 4th generation of legal education.
Anonymous guest 5 Jan 2011, 23:21
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To LI,
the draft bill is already been available to news media from August 2010 http://www.thehindu.com/news/national/article555919.ece, why doesnt LI get a copy from the Law Min and share it with readers for comments
Anonymous guest 6 Jan 2011, 00:31
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i clicked on the link. it doesn't work!
Anonymous guest 6 Jan 2011, 03:22
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@ 10, I do not know why the link doesnt work, google 'Turf war on legal education escalates as Law Ministry floats own Bill' it is the title of the Hindu article, I am sure you will get the right article. you may also try http://www.hindu.com/2010/08/07/stories/2010080764081200.htm