Supreme Court Seeks Bar Council Of India's Response On Challenge To Moratorium On New Law Colleges

The Supreme Court on Friday (August 22) sought the response of the Bar Council of India on a petition challenging its recent notification imposing a three year moratorium on new law colleges.

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta was considering a writ petition filed by Advocate Jatin Sharma. The matter is likely to be listed after four weeks.

The petitioner challenged the notification contending that such a blanket ban was arbitrary, disproportionate and violative of Articles 14, 19(1)(g), and 21.

"Rather than exercising its statutory powers under Sections 7(1)(h) and 49 of the Advocates Act to inspect, supervise, and take punitive measures against delinquent institutions and individuals, the respondent BCI has chosen to impose a sweeping embargo on all new law colleges, a measure which lacks any rational nexus with the professed objective," the petitioner submitted.

The petitioner contended that the measure "undermines competition and innovation in the education sector." Instead of imposing a blanket ban, the BCI should ramp up measures for periodic inspection and audits. Allowing new colleges was necessary to mitigate regional disparities, especially in backward regions. Hence, there should be a case-specific assessment, rather than a sweeping embargo, the petitioner suggested.

The BCI, on August 13, notified the Rules of Legal Education, Moratorium (Three-Year Moratorium) with respect to Centers of Legal Education, 2025, which effectively puts a bar on the establishment or granting of approval to any new Center of Legal Education in India.

The Regulation, which is prescribed to remain in force for three years, further bars introduction of any new section, course, or batch without the prior written and express approval of the BCI and all such proposals, if considered at all, will be subjected to strict scrutiny and ongoing compliance reviews.

The moratorium aims to “arrest the decline in quality across segments of legal education, evidenced by the unchecked mushrooming of substandard institutions, routine issuance of NOCs by State Government and affiliations by Universities without proper inspection, and to prevent the commercialization of legal education, widespread academic malpractice, and persistent shortages of qualified faculty.”

Case : JATIN SHARMA v. BAR COUNCIL OF INDIA & ORS. | Writ Petition(s)(Civil) No(s). 799/2025

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