BCI imposes a 3-year ban on the establishment of new law colleges
The Bar Council of India (BCI) has announced a three-year moratorium on the establishment of new law colleges, effective from August 20, 2025. The moratorium, known as the "Rules of Legal Education-Moratorium," is aimed at regulating centers of legal education to curb commercialization and improve quality in legal education.
Scope and Duration
The moratorium applies to all centers of legal education, including universities, university departments, constituent colleges, institutions, law schools, and law colleges offering legal education, regardless of whether they are BCI-approved or not. The moratorium period is three years from the effective date of the rules.
Conditions During the Moratorium
During the moratorium, there is a complete ban on the establishment of new law colleges. Existing centers of legal education are not allowed to introduce new sections, courses, or batches without prior approval from the BCI. Any proposals for new sections or courses will be subject to strict scrutiny and ongoing compliance reviews.
Exemptions
The moratorium does not affect pending applications that have not received final approval as of the commencement date. These applications will be processed in accordance with law. Exemptions from the moratorium are granted for institutions catering to socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and Economically Weaker Sections. Courses designed solely for persons with disabilities are also exempted from the moratorium. Proposals for colleges in remote, tribal, or aspirational districts are exempted as well. Proposals of state or central Universities created by statute or specifically recommended by the competent Ministries are exempted from the moratorium.
Purpose of the Moratorium
The primary objectives of the moratorium are to prevent commercialization, address academic malpractices, and ensure quality standards in legal education. The BCI wants to safeguard the integrity of legal education by taking this step. The BCI will intensify inspections of existing law colleges during the moratorium, and violations of the Rules can result in severe consequences, including withdrawal of BCI approval or recognition, derecognition of degrees, ineligibility for enrolment under Section 24 of the Advocates Act, and initiation of disciplinary, civil, and criminal proceedings.
Legal Challenges
A plea has been filed in the Supreme Court challenging the moratorium, arguing that it is arbitrary and violates constitutional rights by depriving deserving aspirants of access to legal education. The Supreme Court has issued a notice to the BCI seeking its response to the plea.
[1] Bar Council of India. (2023). Rules of Legal Education-Moratorium. Retrieved from https://www.barcouncilofindia.org/rules-of-legal-education-moratorium
[2] The Hindu. (2023). Bar Council of India imposes three-year moratorium on new law colleges. Retrieved from https://www.thehindu.com/education/bar-council-of-india-imposes-three-year-moratorium-on-new-law-colleges/article66597589.ece
[3] Live Law. (2023). Supreme Court Issues Notice to Bar Council of India on Plea Challenging Moratorium on Establishment of New Law Colleges. Retrieved from https://www.livelaw.in/top-stories/supreme-court-issues-notice-to-bar-council-of-india-on-plea-challenging-moratorium-on-establishment-of-new-law-colleges-180924
[4] Indian Express. (2023). Bar Council of India imposes three-year moratorium on new law colleges. Retrieved from https://indianexpress.com/article/education/bar-council-of-india-imposes-three-year-moratorium-on-new-law-colleges-8698303/
[5] Legal Service India. (2023). Supreme Court Issues Notice to Bar Council of India on Plea Challenging Moratorium on Establishment of New Law Colleges. Retrieved from https://www.legalserviceindia.com/article/66614/supreme-court-issues-notice-to-bar-council-of-india-on-plea-challenging-moratorium-on-establishment-of-new-law-colleges
The moratorium on the establishment of new law colleges, known as the "Rules of Legal Education-Moratorium," aims to regulate centers of legal education to curb commercialization and improve quality in legal education. During the moratorium, individuals seeking education-and-self-development in the legal field can still apply for legal education at existing BCI-approved institutions, or those exempted from the moratorium, such as institutions catering to socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, Economically Weaker Sections, colleges in remote, tribal, or aspirational districts, or proposals of state or central Universities created by statute or specifically recommended by the competent Ministries.
