Bar Council Of India Has Power To Inspect Law Schools: Bombay High Court Rejects Challenge To Rules Of Legal Education

In a challenge to an inspection notice issued by the Bar Council of India (BCI), the Bombay High Court has held that the notice is valid and that the Rules of Legal Education 2008 framed by the BCI under which it can inspect law colleges is not ultra vires.

A division bench of Chief Justice Alok Aradhe and Justice MS Karnik observed that the Rules under which the BCI is empowered to inspect law colleges does not violate Article 14 and Article 19(1)(g) of the Constitution and noted that the impugned notice was neither arbitrary nor illegal.

The petition filed in 2019 by Nathibai Damodar Thackersey Women's University Law School challenged the notice issued by the BCI for inspection of the college and further a show-cause notice informing as to why the university's degree for the law course should be suspended for its refusal to get inspected. 

The petitioner objected to the notice and argued that BCI does not have the power to inspect the college. The petitioner argued that the Legal Education Rules framed by the BCI itself are not in consonance with the Advocates Act. It was argued that the BCI broadened the scope of its authority in the Rules and thus, the BCI could not have made rules on inspection when it was absent in the Advocates Act. 

The High Court referred to Section 7(1) of the Advocates Act which deals with functions of the BCI, the Court noted that it is BCI's duty to maintain the standard of legal education. It further referred Section 49(1) of the Advocates Act, which empowers BCI to make rules for discharging its functions under the Act including the standards of legal education and the inspection of Universities for that purpose.

The Court also relied on a Supreme Court judgment in Bar Council of India v. Bonnie Foi Law College & Ors (2023 LiveLaw (SC) 96), where it was observed that BCI's prominent role is to promote legal education and lay down standards of such education. It was observed that Section 7(1)(m) of the Advocates Act is in the nature of a residuary clause having the widest amplitude to discharge of such functions.

The Court observed that such rule-making power of BCI should not be given a restrictive meaning as it would defeat the objective of the Advocates Act. 

“The power of inspection is a necessary concomitant to maintain the standards of education, therefore, in case the rule making power of the BCI under section 49(d) of the Act of 1961 is given a restrictive meaning, the same would be contrary to the object and purpose of Section 7(1)(h)(i)(l) and (m) of the Act of 1961 which has been enacted with an object to empower the BCI to promote legal education and to lay down the standards of such education. The contention that Section 7(1)(h) and (i) and Section 49(1)(d) of the Act of 1961 do not indicate intention of the Parliament to confer power of inspection of a college on the BCI, is misconceived.”

The Court thus stated that the petitioner/law school could not claim immunity from inspection by the BCI. 

The petitioner/law school further submitted that the degree is conferred by the university it is affiliated with, as per the provisions of the Maharashtra Public Universities Act 2016. In view of this act, it argued that BCI has no power to inspect the law school.

The Court noted that the Advocates Act and Legal Education Rules are special laws while the Maharashtra Public Universities Act is a general law dealing with universities in Maharashtra. It observed that the Maharashtra Public Universities Act does not expressly repeal the provisions of the Advocates Act and there is no inconsistency with it. It remarked that even assuming there is an inconsistency, the Advocates Act would prevail as it was enacted by the parliament.

With these observations, the Court held that the challenge to the Rules was without any basis.

Case title: Nathibai Damodar Thackersey Women's University Law School vs. State Of Maharashtra & Ors (WP/1501/2019)

Citation: 2025 LiveLaw (Bom) 126

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