The High Court of Punjab & Haryana has ruled that the Bar Council of India (BCI) cannot enforce a complete ban on the opening of new law educational institutes for imparting legal education.
The Judgment, paving the way for the opening of new law colleges, is significant as the BCI had denied granting approval to more than 300 institutions, which had obtained a NOC from State Govts across the country & affiliation by the universities.
Setting aside the resolution vide which the moratorium was imposed for 3 years for grant of approval to the new law institutes, the High Court asserted it did not stand the test of judicial scrutiny & was violative of Article 19 (1)(g) of the Constitution of India.
The BCI had, in Aug 2019, imposed a moratorium on the opening of new law colleges for 3 years — a decision that was challenged in different HC's across the country.
Taking up a petition filed against the BCI & other respondents by the Chandigarh Educational Society through lawyer HS Brar, Justice Rekha Mittal asserted the BCI undoubtedly could issue guidelines & circulars. It could also press for its compliance, but couldn't impose a complete ban on new institutes.
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