The Bar Council of India, constituted under Section 4 of the Advocates Act, 1961, has the statutory duty under Sections 7(1)(h) and 7(1)(i) to promote legal education and to lay down and maintain standards of such education in consultation with universities and State Bar Councils

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-21082025-265576 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 577] NEW DELHI, WEDNESDAY, AUGUST 20, 2025/SHRAVANA 29, 1947 BAR COUNCIL OF INDIA NOTIFICATION New Delhi, the 13th August, 2025 Rules of Legal Education-Moratorium (Three-Year Moratorium) with respect to Centers of Legal Education, 2025 Statement of Objects and Reasons No. BCI:D: 5737/2025.—The Bar Council of India, constituted under Section 4 of the Advocates Act, 1961, has the statutory duty under Sections 7(1)(h) and 7(1)(i) to promote legal education and to lay down and maintain standards of such education in consultation with universities and State Bar Councils. The BCI is further charged with preserving the dignity and integrity of the legal profession and protecting public interest in the administration of justice. Over the past decade, BCI has identified and extensively documented an alarming and continuous decline in the quality of legal education across India. This deterioration is marked by the unchecked and mushrooming growth of sub-standard law colleges and Centers of Legal Education (CLEs), often set up without proper infrastructure, adequate faculty, or academic rigor. The Bar Council of India comes into the picture only at the third stage of the approval process. Initially, a proposed College/Institution i.e. Centre of Legal Education must obtain a No Objection Certificate (NOC) from the Ministry of Education or relevant department of the concerned State Government to establish such an institution. Subsequently, the affiliating University grants affiliation after conducting its own due inspections, ensuring compliance with infrastructural, academic, and faculty standards as laid down under Rule 16 and Rule 17 of Chapter III, and Rule 11 of Chapter II of the Rules of Legal Education, 2008. These provisions require that the applicant institution has adequate land, infrastructure, qualified faculty, libraries, and other necessary facilities before affiliation. Only after the University grants such affiliation can the institution approach the Bar Council of India to consider granting approval of affiliation. In the case of universities and their constituent departments or colleges, the establishment by an Act of State Legislature itself acts as a deemed NOC from the State, and it remains the University's duty to ensure compliance with minimum standards as stipulated. Thereafter, BCI conducts its independent inspection before granting approval of affiliation granted by the University, ensuring a multi-layered and rigorous quality control mechanism. A principal cause from mushrooming of Centers of Legal Education has been the routine and indiscriminate issuance of No Objection Certificates (NOCs) by State Governments and the mechanical grant of affiliations by universities, frequently without meaningful inspection or any assessment of genuine societal or regional need. As a result, legal education has increasingly become commercialized and commodified, endangering its vital public character. BCI passed a landmark resolution on 11th August 2019 (Resolution Item No. 241/2019), imposing a three- year moratorium on the establishment of new CLEs and the introduction of new sections or courses. This action followed similar efforts in 2016, when BCI explicitly requested State Governments not to issue NOCs and urged universities to avoid granting affiliations to new law colleges for at least two years. However, despite these repeated appeals and clear directives, more than 300 NOCs were issued by State Governments and affiliations granted by universities, showing blatant disregard for the urgent need to improve standards. BCI has also documented a severe shortage of qualified law teachers, with more than 40 to 50% faculty positions remaining vacant in over 60% of government law colleges. This situation has persisted despite continuous reminders and even formal undertakings from certain State Governments. The systemic failure to appoint faculty, combined with widespread use of unfair means in examinations and acute infrastructural deficiencies (including inadequate libraries, moot courts, and research facilities), has severely compromised both academic integrity and the quality of law graduates. The moratorium imposed by BCI on 11th August 2019 was challenged before the Punjab and Haryana High Court in Civil Writ Petition No. 18941 of 2020, and by its judgment dated 4th December 2020, the Hon'ble High Court set aside the moratorium on the ground that it violated Article 19(1)(g) of the Constitution of India and observed that such regulatory measures must be enacted through formal rules framed by the Legal Education Committee under Section 10(2)(b) of the Advocates Act, 1961. BCI initially filed a Letters Patent Appeal (LPA) against this judgment but subsequently resolved to withdraw it, recognizing the need to frame comprehensive statutory regulations in line with the Court's directions. Following this, BCI issued a detailed Press Release on 16th June 2021, reiterating its firm stance against compromising the quality of legal education. The Council emphasized the urgent need to halt indiscriminate expansion, demanded strict diligence from State Governments and universities before granting NOCs and affiliations, and warned of the possibility of derecognition of degrees in case of continued non compliance. The Council also underlined the importance of filling vacant faculty positions within a specified timeframe and committed to introducing skill development and faculty training programs, along with periodic surprise inspections and compliance audits. At present, with around 2000 CLEs operating in India, BCI firmly believes that the current institutional capacity is more than adequate to meet the professional needs of the legal system. Rather than further expansion, there is a pressing need for consolidation, quality enhancement, and systemic strengthening to protect public trust and uphold the rule of law. In fulfilling its statutory and constitutional responsibilities, including obligations under Articles 14, 15(4), 15(5), 21, and 46 of the Constitution of India to promote social justice and equitable access to quality education, BCI is convinced that decisive and immediate action is necessary. The consolidation and strict regulation of legal education institutions are essential to ensure competent legal professionals and to preserve the sanctity of the justice delivery system. Accordingly, in exercise of its powers under Sections 7, 7(1)(h), 7(1)(i), 24(1)(c)(iii), and 49(1)(af), (ag), and (d) of the Advocates Act, 1961, and after careful consideration of its past resolutions, judicial directions, and policy experiences, the Bar Council of India now frames this Regulation imposing a three year moratorium on the establishment of new Centers of Legal Education and on the grant of new sections or courses, with carefully crafted exceptions to promote inclusivity and social justice. This Regulation manifests BCI's resolute commitment to restoring and enhancing the quality and credibility of legal education, protecting the interests of law students and the public, and ensuring the continued integrity and dignity of the legal profession in India. Chapter I Short Title, Commencement, and Definitions Rule 1:- Short Title and Commencement This Regulation shall be called the Rules of Legal Education-Moratorium (Three-Year Moratorium) with respect to Centers of Legal Education, 2025. It shall come into force from the date of its publication in the Official Gazette and shall remain in force for a continuous period of three years. Rule 2:- Definitions In these Rules, a Center of Legal Education (CLE) means any university, university department, constituent college, institution, law school, or law college offering legal education, whether already recognized or approved by the Bar Council of India or seeking such approval. The Moratorium Period denotes the three year period beginning from the effective date of this Regulation. Approval means final or provisional approval granted by the BCI under the Advocates Act, 1961, and the BCI Legal Education Rules, 2008. Chapter II Scope and Extent of Prohibition Rule 3:- Prohibition on Establishing New CLES During the Moratorium Period, notified or declared by Bar Council of India, no new Center of Legal Education shall be established or granted approval anywhere in India. Universities, State Governments, Central Government entities, and other institutions shall not submit or forward proposals or applications to the BCI for the establishment of new CLEs. However, all pending applications before BCI that have not received final approval before the date of commencement shall not be affected and shall be processed in accordance to law. Rule 4:- Prohibition on Granting New Sections or Courses No existing CLE shall introduce any new section, course, or batch without the prior written and express approval of BCI. Applications for new sections or courses during the Moratorium Period shall be strictly scrutinized and shall only be considered in exceptional circumstances where the CLE demonstrates full compliance with all infrastructural, academic, and faculty standards as per the BCI Legal Education Rules, 2008, including the requirements under Rule 23 concerning need-based establishment. All approvals granted during this period shall be subject to periodic review and compliance audits. Chapter III Statutory Basis and Rationale Rule 5:- Legal Authority This Regulation is issued under Sections 7, 7(1)(h), 7(1)(i), 24(1)(c)(iii), and 49(1)(af), (ag), and (d) of the Advocates Act, 1961 of the Advocates Act, 1961 Rule 6:- Rationale The Regulation is necessitated by the following reasons:- (a) uncontrolled and unjustified mushrooming of Centers of Legal Education without genuine public necessity or academic justification (b) persistent negligence by Universities and State Governments in ensuring adherence to minimum academic, infrastructural, and faculty standards (c) evidence of sub standard or non existent classes and widespread use of unfair means jeopardizing academic integrity (d) severe shortage of qualified faculty resulting in compromised teaching quality and dilution of professional competence (e) documented instances of commercialization and sale of degrees by certain universities and (f) consistent non consonance with Chapter III- Rule 23 of the BCI Legal Education Rules, 2008, which mandates strict need-based establishment of CLES. Chapter IV Approval Process and Compliance Rule 7:- Three-Stage Approval Process The approval process for establishing a new Center of Legal Education involves a mandatory and rigorous three-stage procedure designed to ensure strict compliance with statutory standards and to safeguard the quality of legal education. In the first stage, the sponsoring body or applicant institution must obtain a No Objection Certificate (NOC) from the State Government or the relevant Ministry of Education. This NOC is to be granted only after a thorough and objective assessment of the actual necessity and demand for a new CLE in the particular region, taking into account factors such as the existing number of law colleges, student population, regional accessibility, and the need to promote equitable access to legal education. The State Government must avoid issuing NOCs mechanically or routinely, and must conduct a needs based study supported by empirical data. In the second stage, the affiliating University is vested with a critical responsibility to safeguard academic standards and protect the interests of future law students. As mandated under Chapter III, Rule 16 of the Legal Education Rules, 2008, the University must, before deciding on affiliation, ensure that the applicant organization proposing to run the CLE (a) is a non-profit entity, such as a trust, society, or non-profit company, and has completed all legal formalities to function as such (b) possesses, in its name, adequate land and buildings (either in freehold or leasehold for not less than ten years) sufficient to establish CLE facilities, including a dedicated academic building, library, separate halls of residence for male and female students, sports facilities, and other essential infrastructure required to effectively run professional law courses (c) has already recruited, or taken credible steps to recruit, a sufficient number of full-time and visiting faculty members, with each faculty member having at least a Master's degree in the respective subject as required under UGC rules and BCI standards (d) has a separate law faculty headed by a qualified Principal or Dean eligible to be appointed as a Professor of Law, in line with UGC and BCI norms (e) maintains an adequate library with an sufficient number of books, journals, and electronic resources, reading facilities, and qualified librarians, as stipulated in Chapter II, Rule 11 and Schedule III of the Legal Education Rules, 2008 (f) has obtained all necessary statutory permissions, including a valid NOC from the State Government wherever applicable (g) has established and deposited the requisite minimum capital fund as prescribed in Schedule III to ensure financial stability and infrastructure maintenance; and (h) has complied with all other specific conditions laid down in the University's own affiliation regulations as well as under the BCI Legal Education Rules. Furthermore, under Rule 17 of Chapter III, when a University itself proposes to start a law faculty, department, or constituent college to run a professional law degree program, it must first ensure compliance with all minimum standards prescribed by the BCI and submit a detailed application for inspection. The University must present comprehensive documentation covering infrastructure, faculty appointments, academic curriculum, teaching methodologies, clinical legal education components (such as legal aid clinics and moot courts), and details of student support services. The application must be submitted within the period notified annually by BCI and must be accompanied by all supporting documents to facilitate the inspection process. Chapter II, Rule 11 of the Legal Education Rules, 2008, further reinforces the University's statutory obligation to maintain minimum infrastructural standards as detailed in Schedule III. This includes specific requirements regarding physical infrastructure, library resources, moot court and clinical education facilities, laboratories (in case of integrated programs with science or technical components), and necessary technological resources. The University must ensure that these standards are uniformly maintained across all its affiliated or constituent CLEs. The third and final stage involves inspection and approval by the Bar Council of India. Only after successful completion of the first two stages can the CLE apply for BCI inspection. The BCI then conducts a detailed verification of all infrastructural, academic, administrative, and financial aspects to ensure conformity with the Advocates Act, 1961, and the BCI Legal Education Rules, 2008. The BCI's inspection team has the authority to examine all relevant records, inspect facilities, interview faculty, students, and administrative personnel, and assess compliance with prescribed standards. During the Moratorium Period, all applications pending before BCI after complying with the above approval process shall be exempted and be eligible for consideration of approval. The onus lies squarely on the University to rigorously inspect each proposed CLE proposal for affiliation, before grant of affiliation, which becomes the basis for the CLE to apply to BCI for BCI consideration of approval. Universities are duty- bound not only to uphold the statutory conditions but also to exercise due diligence and judgment to ensure that no sub-standard or inadequately prepared CLE is granted affiliation thereby safeguarding the integrity of legal education and protecting the interests of students and the justice delivery system. A CLE as per Chapter III, Rule 16 (2) can apply to BCI only after grant of affiliation by the Concerned University. Thereafter the application along with inspection report is considered by the Standing Committee on Legal Education chaired by a former Judge of High Court and other noted academicians, including Vice Chancellors of National Law Universities, and some Members of BCI, before a decision is arrived at whether to approve or decline to approve/recognise the CLE and/or whether to approve the same conditionally for a limited period subject to compliance with minimum physical and infrastructural requirements as per Rules of Legal Education including schedule III of the said Rules. Rule 8:- Enhanced Monitoring and Compliance Existing CLEs shall be subjected to intensified inspections and comprehensive compliance audits to verify continued adherence to prescribed standards. BCI may direct the closure or derecognition of any CLE failing to meet these standards. Universities and State Governments are strongly advised not to grant or recommend NOCs or affiliations for new CLEs or new courses during the Moratorium Period and are expected to fully cooperate with BCI in upholding the objectives of this Regulation. Chapter V Exceptions and Transitional Provisions Rule 9:- Exceptions Certain exceptions may be considered during the Moratorium Period, subject to stringent conditions and at the sole discretion of BCI. These include (a) CLEs that have received final and unconditional BCI approval prior to the commencement of these Rules, which shall remain operational, subject to compliance checks (b) proposals for new sections or courses exclusively meant for students belonging to socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and Economically Weaker Sections as recognized under Articles 15(4) and 15(5) of the Constitution, provided they have an explicit and demonstrated purpose to serve these categories, possess adequate infrastructure and qualified faculty, follow a valid reservation and admission policy compliant with constitutional and statutory requirements, and have obtained separate and rigorous approval from BCI in consultation with State and Central authorities (c) proposals for new sections or courses located in remote, tribal, or aspirational districts as notified by NITI Aayog or the Ministry of Tribal Affairs, provided they satisfy all requirements under Rule 23 and receive express recommendation from the State Government concerned (d) proposals for courses exclusively designed for persons with disabilities, compliant with the Rights of Persons with Disabilities Act, 2016, and equipped with necessary inclusive infrastructure and pedagogy and (e) proposals of State or Central Universities created by an Act of any State Assembly or Parliament or specifically recommended in writing by the Ministry of Law and Justice, the Ministry of Education at the State or Central level, or in cases where BCI, after due consideration of some special facts and circumstances and in the larger interest of legal education and public welfare, deems it necessary and expedient. All proposals falling under these exceptions must have secured valid NOC and university approvals prior to approaching BCI for final consideration. Rule 10:- Transitional Measures CLEs with only conditional approvals prior to the commencement of these Rules shall not commence operations during the Moratorium Period unless they meet the requirements of Rules of Legal Education. Such CLEs must await express clearance from BCI before admitting students or initiating academic activities. Chapter VI Enforcement and Sanctions Rule 11:- Consequences of Violation Any breach of this Regulation shall attract strict enforcement measures, including (a) withdrawal of BCI approval or recognition, (b) derecognition of degrees conferred in violation of these Rules, (c) ineligibility of graduates from such institutions for enrollment under Section 24 of the Advocates Act, 1961, and (d) initiation of disciplinary, civil, and criminal proceedings against offending CLEs, universities, and relevant administrative authorities. Chapter VII Review and Amendments Rule 12:- Periodic Review BCI shall undertake an annual review of the operation and impact of these Rules and may, based on evolving circumstances and policy considerations, extend, modify, or repeal them as necessary in the interests of improving and safeguarding legal education standards. Chapter VIII Overriding Clause Rule 13:- Supersession This Regulation shall override and supersede any conflicting resolutions, circulars, notifications, or prior decisions issued by BCI or any other authority relating to legal education. Chapter IX Policy Declaration Rule 14:- Declaration of Intent The BCI affirms that this Regulation is enacted to elevate and protect the standards of legal education, uphold the dignity of the legal profession, and secure public trust in the justice system, while ensuring inclusivity and compliance with constitutional mandates under Articles 15(4), 15(5), and 46 to promote social justice and advancement of weaker sections. SRIMANTO SEN, Principal Secy. [ADVT.-III/4/Exty./310/2025-26] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH Digitally signed by GORAKHA YADAVA NATH YADAVA Date: 2025.08.21 11:36:16+05'30'