Top News

Advocate Prashant Bhushan on Monday told the Supreme Court that a petition challenging the Bar Council of India's (BCI) role in running a law college is being filed, citing a potential conflict between its regulatory and institutional functions.

Bhushan made the submission before a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana while the court was hearing a plea filed by EAS Sarma and others challenging the validity of the SHANTI Act, LiveLaw reported.

Bhushan Draws Parallel With Atomic Energy Regulator

Bhushan was addressing the issue of potential conflicts in the functioning of the Atomic Energy Regulatory Board (AERB). He argued that members of the AERB are appointed on the recommendation of a selection panel constituted by the Atomic Energy Commission, which operates nuclear power plants.

He contended that such an arrangement undermines the purpose of having an independent regulatory body.

Drawing a parallel with the BCI, Bhushan told the court that the statutory regulator was also running a law college despite having regulatory powers over legal education institutions.

“Today the Bar Council is running a law college. In fact, we are filing a petition regarding that — that the Bar Council cannot run a law college,” Bhushan said.

BCI-Run Law University In Question

Bhushan's remarks appeared to refer to the BCI Trust-run India International University of Legal Education and Research (IIULER) in Goa.

The issue comes amid the BCI's involvement in plans for a National Legal Academy for the compulsory training of lawyers, as proposed by the Supreme Court.

BCI Chairman Manan Kumar Mishra recently said at an orientation programme at IIULER that the proposed academy would be established at the university.

Justice PS Narasimha, whose bench had directed the BCI to establish the academy, was also present at the event.