SUPREME COURT TO EXAMINE EXTENT OF BCI POWER OVER LAW COLLEGES AND UNIVERSITIES

September 23, 2026

NEW DELHI: The Supreme Court on Wednesday said it would examine whether the Bar Council of India (BCI), which regulates the legal profession, has the statutory authority to control and regulate law colleges and universities. A three-judge bench headed by Chief Justice Surya Kant, with Justices Joymalya Bagchi and V. Mohana, issued notice to the BCI and sought its response within two weeks.

The court's observations came while hearing petitions concerning the functioning of the BCI-PEARL FIRST Trust and the establishment of law colleges through the trust. The petitioners have questioned the transfer of BCI funds to the trust and its role in institutions established in Goa and Andhra Pradesh.

Chief Justice Kant questioned whether the BCI's statutory role extends beyond prescribing standards and promoting legal education to directly controlling educational institutions. The court referred to Section 7(1)(h) of the Advocates Act, 1961, which empowers the BCI to promote legal education and lay down standards, and indicated that the scope of this provision may require judicial examination.

Advocate Prashant Bhushan, appearing for petitioner Girish Mittal, alleged that the BCI effectively exercises substantial control over the two institutions, including through nominations to their governing bodies. Counsel for the BCI, however, told the court that the organisation had subsequently ended the provision for lifetime trusteeship, with trusteeship linked to membership of the BCI. The Supreme Court has not yet ruled on the validity or extent of the BCI's regulatory powers.