ANSWER
MINISTER OF LAW AND JUSTICE
(SHRI D.V. SADANANDA GOWDA)
(a) : The Bar Council of India (BCI) has informed that the detailed criteria for setting up Law University/Colleges in the country is laid down in ‘The Rules of Legal Education, 2008’ framed by the Bar Council of India under Part-IV of BCI Rules. As per Rules of Legal Education, 2008, every new college needs to get affiliation of law degree from the concerned University on the basis of inspection done by the team of University and then the institution is required to apply for No Objection Certificate from the concerned State Government. Once affiliation is granted by the University concerned, only then the concerned institution can apply before the Bar Council of India for approval of the affiliation. After receipt of such applications for approval, the team of BCI visits the concerned University/Institution to verify the facts/documents and submits its report. The report is placed before the Legal Education Committee of BCI, which after examining the Report and the affiliation granted by University and NOC of the State Government, either grants or declines the approval.
Norms for new Universities as per the Legal Education Committee Rules, 2008
1. Required infrastructural facilities outlined by University Grants Commission (UGC) under the BCI Rules;
2. Required number of teaching faculties as prescribed by the UGC and BCI;
3. Facilities for running practical legal education specified in the curriculum under the Rules and run Legal Aid Clinic, Court Training and Moot Court exercises;
4. Adequate library, computer and technical facilities including on-line library facility, course materials; and
5. In case of a Center of Legal Education sponsored by private initiative of a person, there is a Capital Fund as required in the Schedule III by the Bar Council of India from time to time, deposited in the Bank Account in the name of the Center of Legal Education concerned.
Norms for Law Colleges as per the Legal Education Committee Rules, 2008 : The Institution
1. Is either already a non-profit organization of trust or registered society or non-profit company or any other such legal entity or has taken all legal formalities to be as such;
2. Has in its name either in freehold or lease hold, adequate land and buildings, to provide for Centre of Legal Education building, library, halls of residences separately for male and female and sports complex both indoor and outdoor, so that it can effectively run professional law courses provided that in case of leasehold the lease is not less than ten years;
3. Has recruited or taken steps to recruit adequate number of full time and visiting faculty members to teach each subjects of studies, each faculty having at least a Master Degree in the respective subject as required under the UGC Rules;
4. Has the separate Centers of Legal Education for the study of law under a separate Principal who should be qualified in the Law to be a Professor of Law as stipulated under UGC and BCI rules;
5. Has adequate space for reading in the library and there are required number of books and journals and adequate number of computers and computer terminals under a qualified librarian;
6. Has obtained NOC, if the prior permission of the State Government is necessary;
7. Has a minimum Capital Fund as may be required under Schedule III from time to time by the BCI, and put into a Bank Account in the name of the proposed Center of Legal Education sponsored by any private sponsor or sponsors; and
8. Has all other conditions of affiliation under the University Rules as well as the BCI Rules are complied with.
Details of State/UT wise Law Universities and Law Colleges
Sl. No. Name of the State/UT Number of University Total College
1. Andhra Pradesh 16 60
2. Arunchal Pradesh 3 3
3. Assam 4 29
4. Bihar 10 28
5. Chhatishgarh 7 25
6. Delhi 4 19
7. Goa 1 2
8. Jharkhand 5 14
9. Gujarat 16 78
10. Haryana 20 36
11. Jammu and Kashmir 2 16
12. Himachal Pradesh 8 17
13. Karnataka 6 108
14. Kerala 6 28
15. Madhya Pradesh 13 121
16. Manipur 1 3
17. Maharashtra 14 129
18. Maghalaya 3 6
19. Mizoram 1 1
20. Nagaland 1 3
21. Odisha 7 32
22. Pondicherry 1 2
23. Punjab 7 33
24. Rajasthan 32 105
25. Sikkim 2 2
26. Tamil Nadu 7 16
27. Tripura 2 2
28. Uttar Pradesh 32 320
29. Uttrakhand 5 30
30. West Bengal 13 37
(b) : The Bar Council of India has informed that it has received 116 new proposals for setting up new Law Colleges for the year 2015-16, in which 80 applications have been found fit and are in order. These institutions have submitted all required documents. The remaining 36 applications are incomplete i.e. they have not produced NOC from the State Government and affiliation order from the concerned University, list of faculty appointed, etc. Details of Law Colleges State/UT wise which applied for approval is as under:-
Sl. No State/UT Number
1. Andhra Pradesh 2
2. Assam, Meghalaya, Manipur, Mizoram, Nagaland & Tripura 5
3. Bihar 1
4. Chhattisgarh 2
5. Delhi 1
6. Gujarat 19
7. Himachal Pradesh 5
8. Karnataka 4
9. Kerala 1
10. Madhya Pradesh 3
11. Maharashtra & Goa 8
12. Punjab & Haryana 10
13. Rajasthan 10
14. Tamil Nadu & Pondicherry 1
15. Uttarakhand 6
16. Uttar Pradesh 35
17. West Bengal 3
Universities are established either by the Act of Parliament or by Act of the State Government concerned or by a notification from the Government of India. The Law Colleges/National Law School are set-up by State Government/Trust/Registered Societies and Private Management etc. At present there is no proposal with the Government to set up new Law University/College.
(c) : The Bar Council of India has informed that there is no decline in the standard of Legal Education. Further, the BCI is strictly implementing its norms/Rules of Legal Education, 2008 to maintain the standard of Legal Education in the country. If the Council finds that any College/University imparting legal education is not fulfilling the norms set by the BCI, actions are taken by way of issuing show cause notice to the institution as well as to the University. In case BCI is not satisfied with the compliance, it declines the approval of the College and recommends closing down of the College. The concerned State Government is also informed about it.
(d) : The Bar Council of India has informed that it is not aware of any such incidents regarding students of doubtful antecedents being admitted to law courses. Further, the BCI has informed that the Colleges give admission in the law course as per the norms prescribed by the concerned University, with which the college is affiliated. Most of the Universities are having provision in their admission form seeking antecedent details of the students while giving admission.
(e) : The Bar Council of India has informed that it is strictly following the norms to regulate the legal education in the country. The Council has also requested the State Governments to follow the norms strictly while issuing NOC to the new Institutions, including verification whether the new proposal for that area is necessary. BCI insists for verification by the University for having proper infrastructure, faculty, library and other necessary amenities and recommendation of the Academic Council of the University for affiliation as per rule 16(1) and 16(2) of the Legal Education Rules, 2008. Once these two processes are done, only then the institution can apply to the BCI. The BCI grants approval of affiliation after fulfillment of the norms and standards prescribed in the Rules of Legal Education, 2008, proper inspection and verification by the inspection team of the Bar Council of India and the recommendation of Legal Education Committee.
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