Violation of Article 19(1)(g): Punjab & Haryana HC lifts BCI’s 3-year moratorium on opening of new law colleges

Dec24,2020
PUNJAB AND HARYANA HIGH COURT LAW INSIDER IN
PUNJAB AND HARYANA HIGH COURT LAW INSIDER IN

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The Punjab and Haryana High Court lifted the 3-year moratorium, which was imposed by the Bar Council of India on the opening of new law colleges in India.

The High Court found it to be a gross violation of Article 19(1)(g).

Earlier, the Bar Council of India had, in unanimity, had decided to stop granting affiliation to new law colleges from 2020-2021.

The High Court, referring to the Supreme Court’s judgment in the TMA Pai Foundation vs. State of Karnataka case, found that such a moratorium was unconstitutional and contrary to the ruling.

The petition was moved by the Chandigarh Educational Society, which had earlier sought the Bar Council’s approval for opening Chandigarh Law College.

The Chandigarh Education Society now sought relief from the High Court against the BCI’s 3-year moratorium.

The BCI stated that the moratorium was imposed to take care of the standard of legal education.

Justice Rekha Mittal of the High Court mentioned the role of BCI under Section 7 of the Advocates’ Act, 1961, and said that the Bar Council had no right to impose a total ban on setting up new law colleges.

Read the judgment here:

Chandigarh Education Society vs. Bar Council of India

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