Akhya Pandey
On 20th August 2025, the Supreme Court stepped in to examine the Bar Council of India’s (BCI) decision to freeze the establishment of new law colleges for the next three years. A petition filed by advocate Jatin Sharma has questioned the legality of the moratorium, arguing that such a blanket ban cannot be justified either in law or on policy grounds.
The plea was taken up by a Bench of Justice Vikram Nath and Justice Sandeep Mehta.
In Court, the petitioner pointed out that the moratorium announced through the “Rules of Legal Education, Moratorium (Three-Year Moratorium), 2025” effectively shuts the doors on institutions that are willing and fully capable of meeting quality benchmarks. It was stressed that this move not only hampers students’ right to access legal education but also interferes with the right of professional bodies to establish educational institutions under Article 19(1)(g) of the Constitution. Counsel for the petitioner argued that the decision is arbitrary and disproportionate, falling foul of Article 14, since it treats all proposals alike without distinguishing between genuine institutions and those that fail to meet standards.
The petition urged the Court to recognize that instead of a country-wide moratorium, the BCI should focus on region-specific and transparent regulatory frameworks, especially in aspirational and tribal districts where access to legal education is still limited. It was further highlighted that if the BCI is genuinely concerned about the quality of law schools, it should address systemic shortcomings such as inconsistent examination practices, poor attendance enforcement, over-commercialization of postgraduate and doctoral programmed, and regulatory lapses rather than imposing a sweeping prohibition.
After hearing the submissions, the Bench issued notice to the BCI and directed it to file its reply. A response is sought a response from the BCI within four weeks. The matter will now be taken up after the response is placed on record.
Bench: Justice Vikram Nath and Justice Sandeep Mehta
Case Title: Jatin Sharma v. Bar Council of India
Case Citation: Writ Petition (Civil) No. 833 of 2025
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