BCI imposes three-year ban on establishing new law schools; sets stricter compliance rules

The Bar Council of India (BCI) has officially notified the Rules of Legal Education-Moratorium, 2025, imposing a three-year ban on the establishment of new law colleges and centres of legal education (CLEs). The moratorium also restricts existing CLEs from introducing new sections or courses during this period.

According to the notification, existing law colleges and CLEs can introduce new sections or courses only after obtaining written approval from the BCI. These institutions are required to comply with all academic, infrastructural, and statutory standards prescribed under the BCI Legal Education Rules, 2008.

Pending applications before the council that have not received final approval remain exempt and will continue to be processed in accordance with the law. “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,” the notification said.

Three-stage approval process for new colleges, CLEs

The notification outlines the three-stage approval process for establishing new CLEs after the moratorium. The first stage requires the institution to obtain a NOC from the state government or the education ministry, following an assessment of the regional need for legal education.

The second stage requires affiliation by the concerned university, which will have to verify infrastructure, faculty appointments, libraries, hostels, and financial stability.

The third and final stage involves inspection and approval by the BCI after verifying compliance with all requirements under the Advocates Act and the 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,” the BCI said.

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Exceptions to the moratorium

While the moratorium is comprehensive, the council has provided certain exceptions. These include:

• New sections or courses that are specifically designed for students belonging to Scheduled Castes (SC), Scheduled Tribes (ST), Economically Weaker Sections (EWS), and socially or educationally backward classes.
• Programmes designed for students with disabilities, compliant with the Rights of Persons with Disabilities Act, 2016.
• New institutes in remote, tribal, or aspirational districts identified by the Ministry of Tribal Affairs or NITI Aayog.
• State or Central universities established through legislation or approved by relevant ministries in special circumstances.

The BCI observed that with approximately 2,000 CLEs currently operating across India, the existing capacity is sufficient to meet the professional requirements of the legal sector.

“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,” it said.

Why BCI impose moratorium?

The BCI imposed the three-year moratorium to control the unchecked growth of law colleges. Over the past ten years, the council observed a decline in legal education standards. The routine issuance of NOCs by state governments and automatic university affiliations contributed to the problem.

The council also pointed out a shortage of qualified faculty, weak infrastructure, and the increasing commercialisation of legal education. Non-compliance with Rule 23 of the BCI Legal Education Rules, 2008, which requires assessing regional and social needs before opening new colleges, was highlighted.

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BCI’s focus on quality and compliance

Under the new regulation, existing CLEs will face stricter inspections and audits. Institutions that fail to meet academic, infrastructural, or faculty standards risk losing BCI approval. Degrees can also be derecognised, and graduates could be barred from enrollment under the Advocates Act, 1961.

Through this regulation, the BCI aims to consolidate legal education and uphold academic integrity. It seeks to ensure that law graduates meet the professional standards required for the justice system. The regulation also provides targeted support for underrepresented and disadvantaged groups.

“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,” it said.