Supreme Court Seeks BCI’s Response on Plea Challenging 3-Year Ban on New Law Colleges

The Supreme Court on August 22, 2025, issued notice to the Bar Council of India (BCI) on a petition questioning its recent notification imposing a three-year moratorium on the establishment of new law colleges.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing the writ petition filed by Advocate Jatin Sharma, who argued that the BCI’s measure was arbitrary, disproportionate, and violative of Articles 14, 19(1)(g), and 21 of the Constitution. The matter is likely to be listed after four weeks.

Petitioner’s Arguments

• The moratorium undermines competition and innovation in legal education.
• Instead of a blanket ban, the BCI should conduct periodic inspections and audits under its statutory powers (Sections 7(1)(h) & 49, Advocates Act).
• Case-specific assessment is essential to address regional disparities, especially in backward and underserved areas.

BCI’s Notification (August 13, 2025)

• Introduced the Rules of Legal Education, Moratorium (Three-Year Moratorium), 2025.
• Prohibits new law colleges and bars introduction of new sections, courses, or batches without prior written approval of the BCI.
• Justified as necessary to stop:
  • The mushrooming of substandard institutions,
  • Routine issuance of No Objection Certificates (NOCs) by State governments without inspection,
  • Commercialisation of legal education,
  • Shortages of qualified faculty, and
  • Widespread academic malpractices.

Next Steps

The Court will revisit the case in four weeks, after the BCI files its response.

Case Title: Jatin Sharma v. Bar Council of India & Ors.
Case No.: W.P.(C) No. 799/2025