NEW DELHI: The Supreme Court on Tuesday asked the Bar Council of India as to why it was interfering in academic affairs of law colleges as the task should be left with academicians.
"Why are you interfering in academic affairs? Why should BCI decide curriculum, etc of law colleges. Some academic expert should take of these things. In this country there is a very big class of lawyers. You have an onerous statutory responsibility of updating their knowledge and organising training programmes for them," a bench of Justices Surya Kant and N Kotiswar Singh asked senior advocate Vivek Tankha, a counsel for the BCI.
The court asked the Union government and the UGC to clarify their stand to pleas challenging the BCI's 2021 decision to scrap the one-year LLM course in the country and de-recognise foreign LLMs.
The bench asked the Attorney General to assist it on the next date of hearing.
"We also direct the UGC to submit its viewpoint. We also direct the Union of India to file a comprehensive counter-affidavit expressing its specific stand on the issues that arise for consideration," the bench said.
Tankha said a meeting was convened, but in view of divergent views by different stakeholders, it has been resolved that an expert committee headed by a former Chief Justice of India would be constituted.
He also said the power to regulate such affairs has been given to BCI under the rules.
The court, however, said the rules are subordinate legislation and the system has been imposed by BCI itself over time. The court opined the BCI should not raise claims as if it was the only authority or stakeholder in the country to look after the system.
The bench said, in legal education, judiciary is a very big stakeholder.
The court felt thr judicial officers coming straight from law universities having all these foreign ideas and concepts try to deal with issues by mechanical judgments.
"All these issues are something where we are also concerned. Academicians will be equally concerned. Lakhs of lawyers, manning their day-to-day affairs, particularly when you are opening to world competition, that's where you should concentrate, instead of going for inspection of law colleges," the bench said.
Senior Advocate A M Singhvi, appearing for Association of National Law Schools, submitted that the BCI should consider the recommendation of the committee in proper spirit.
By delegated legislation, the BCI sought to assume control not only over one-year LL M, but also all PhDs, Diplomas and Post-Doctorates, specifically governed by UGC.
