Bar Council Of India Announces Three-Year Moratorium On Establishment Of New Centers Of Legal Education In India
Pranav B Prem
The Bar Council of India (BCI) has formally notified the Rules of Legal Education, Moratorium (Three-Year Moratorium) with respect to Centers of Legal Education, 2025, effectively prohibiting the establishment or approval of any new Center of Legal Education across India for a continuous period of three years. Under the Regulation, which will remain in force for three years from its commencement, no existing Center of Legal Education may introduce a new section, course, or batch without the BCI’s prior written and express approval. Any such proposal, if considered at all, will undergo strict scrutiny and ongoing compliance reviews. Pending applications that have already reached the final stages of processing will not be affected and will be decided according to law.
The BCI explained that the decision aims to arrest the decline in quality in legal education caused by the unchecked proliferation of substandard institutions, routine issuance of No Objection Certificates (NOCs) by State Governments, and university affiliations without proper inspection. The Council also cited increasing commercialization, academic malpractices, and persistent shortages of qualified faculty. With nearly 2,000 Centers of Legal Education already operational, the BCI considers the current institutional capacity adequate. The moratorium is intended to shift focus from expansion to consolidation, quality enhancement, and systemic strengthening, in furtherance of public interest and constitutional commitments.
The Regulation draws authority from Sections 7, 7(1)(h), 7(1)(i), 24(1)(c)(iii) and 49(1)(af), (ag), and (d) of the Advocates Act, 1961. It follows a series of earlier measures, including a 2019 resolution imposing a temporary moratorium, the Punjab and Haryana High Court’s December 4, 2020 judgment, and a 2021 press statement urging diligence by State Governments and universities. The moratorium will not apply to proposals dedicated exclusively to socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and Economically Weaker Sections; proposals in remote, tribal, or aspirational districts notified by competent authorities; courses designed solely for persons with disabilities; and proposals from State or Central Universities created by statute or specifically recommended by competent Ministries. Even for these exceptions, institutions must produce valid NOCs, prior university affiliations, demonstrate infrastructure and faculty strength, and comply with need-based establishment requirements under the Rules of Legal Education.
Centers with only conditional approvals before commencement of the moratorium cannot start operations unless they fully comply with the Rules of Legal Education and obtain express clearance from the BCI. Pending applications already processed through the prescribed stages remain eligible for consideration. The Regulation reiterates the three-stage approval process: first, a needs-based No Objection Certificate from the State Government or relevant Ministry after assessing regional necessity; second, university affiliation after verifying compliance with minimum standards under the Rules of Legal Education, 2008, including governance, infrastructure, faculty, library resources, capital fund, and other mandatory criteria; third, BCI inspection and approval.
During the moratorium, the BCI will conduct intensified inspections and compliance audits of existing institutions. Failure to maintain standards may lead to closure or derecognition. Consequences of violations include withdrawal of BCI approval, derecognition of degrees issued in violation of the rules, ineligibility of graduates for enrolment under Section 24 of the Advocates Act, 1961, and disciplinary, civil, or criminal proceedings against offending institutions and authorities. The Regulation overrides and supersedes any conflicting resolutions, circulars, notifications, or prior decisions of the BCI or any other authority relating to legal education. The Council will review its impact annually and may extend, modify, or repeal it based on evolving circumstances. Concluding the announcement, the BCI called upon State Governments, universities, law colleges, and all stakeholders to prioritize quality over expansion and uphold the highest academic and professional standards in the interest of justice delivery and public trust.
