Why should BCI and not academicians decide law college curriculum? Supreme Court

The Supreme Court on Tuesday questioned why the Bar Council of India (BCI) had the final say on the curriculum to be followed at law colleges in India, and hinted that the task should ideally be left to academicians [Tamanna Chandan Chachlani v. Bar Council of India and connected matters]. .A Bench of Justices Surya Kant and NK Singh was hearing petitions challenging the BCI's 2021 decision to scrap the one-year LL.M. programme in India and de-recognise foreign LL.Ms. The BCI told the Court today that it had set up a committee of various stakeholders under the chairmanship of a former Chief Justice of India (CJI) to look into the matter. However, the Bench responded by questioning why it was left to the BCI to decide on the legal education curriculum at law colleges. Such matters should be left to academicians, Justice Kant orally observed, although BCI could help in imparting training on certain aspects of law practice, such as the art of drafting legal documents. "Why should BCI decide curriculum, etc. of law colleges? BCI has an onerous responsibility to provide training...(it) may require to hire the services of universities...because it has to be pan-India...You can have training on art of drafting, citing case laws, etc. and it should be part of your statutory responsibility ...The curriculum has to be entrusted to the academicians," Justice Kant said. .The judge also expressed dissatisfaction with the quality of judicial officers that are being produced under the current legal education system. "In legal education, the judiciary is the primary stakeholder...What kind of officers are we getting? Do they understand the plight of the common man... or just deliver mechanical judgments? Academicians can look at this," he said. Justice Kant added that the BCI already has several other roles that it should be prioritising, including the welfare of Indian lawyers. "BCI has to take care of its own responsibility...look at the number of lawyers we have in our country. You want global recognition of lawyers. Focus on that instead of inspecting law colleges.".In its order passed today, the Court also sought the inputs of the Central government and the University Grants Commission (UGC) on such issues. Attorney General of India R Venkataramani has also been requested to assist the Court."On consideration of the issue and other allied issues with respect to powers of BCI, we would like to have a reply by the Union and UGC. We request AG to assist the court on the next date of hearing. We direct UGC to submit its reply. Let the Union also file a comprehensive affidavit," the Court ordered. .The Court also orally suggested that any committee set up by the BCI to examine the one-year-LLM issue should include Vice-Chancellors and other academicians..Representing the Consortium of National Law Universities (NLU Consortium), Senior Advocate Dr AM Singhvi submitted that the BCI is now trying to interfere with not just LL.M.s, but also PhDs, diplomas and other such qualifications in the field of legal education. He said,"The purpose of BCI was to regulate entry into legal profession...then came the statute which was on admission....we are not saying abolish two year (LL.M.s)...but will a practitioner (a practising lawyer) like to do a two-year LL.M. or a one-year LL.M.?".The BCI, in reply, pointed out that an LL.M. is meant to be a qualification for teaching at law colleges, and as such, a two-year course may be required."Now, the question is, is one-year LL.M. enough? Or should you study properly and compete a two-year LL.M?" argued Senior Advocate Vivek Tankha, for the BCI..The Court again brought up the larger question of whether the BCI should have a say in what legal education should look like."Does the Medical Council of India prescribe what should be the qualification for the MD or MS course? The answer is a simple no," Justice Kant remarked..Senior Advocate Singhvi (for the NLU Consortium) was briefed by Advocate on Record Rohit Kumar Singh, and Advocates Saif Mahmood and Shweta Priyadarshini..[Read Live Coverage]