Report No. 184

8.13 We, therefore, recommend that

(i) for the purpose of obtaining prior permission from the Bar Council of India by the law colleges and law department of a university or any other institution, a separate provision be incorporated in the form of section 7A, namely:

"7A. Prior permission of Bar Council of India.- (1) No law college or a law department of a university or any other institution, after the commencement of the Advocates (Amendment) Act, 2003, shall offer or impart instruction in a course of study in law which will lead to enrolment as an advocate, and no student shall be admitted to any such course unless prior permission for starting such course has been granted by the Bar Council of India.

Provided that any permission or approval for its affiliation given by the Bar Council of India under the Bar Council of India Rules, prior to the commencement of the Advocates(Amendment) Act, 2003, shall be deemed to be a permission granted under this sub-section.

(2) No law college or a law department of a University or any other institution shall continue to impart instruction in a course of study in law leading to enrolment as an Advocate, and no student shall be admitted thereto if the permission granted under sub-section (1) has been withdrawn by the Bar Council of India.

(3) Any fees or amount by whatever named called collected from any person towards admission in violation of the provisions of sub-section (1) and (2) shall be refunded.

(4) Any violation of provision of sub-sections (1) and (2) shall be an offence punishable under section 45A.

(The existing section 7A should be renumbered as section 7D)

(ii) For the purpose of providing punishment for the violation of proposed section 7A, a provision in the form of section 45A be incorporated, namely:

"45A Penalty for imparting instruction without prior permission from the Bar Council of India.(1) After the commencement of the Advocates (Amendment) Act, 2003, if any person, including any institution, company, society, trust or body contravenes the provisions of sub-sections (1) and (2) of section 7A, he shall be punished with simple imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both.

(2) The offence mentioned under sub-section (1) shall be tried by the Metropolitan Magistrate or Judicial Magistrate of first class, as the case may be.

(3) Where an offence mentioned under sub-section (1) is committed by any institution, company, society, trust or body, every person who at the time the offence was committed, was in charge of and was responsible for the conduct of the affairs of such institution, company, society, trust or body as well as the institution, company, society, trust or body shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that 86 he had exercised all due diligence to prevent the commission of such offence."

(iii) The existing section 7 (1) (i) should deals only with recognition of universities. For the purpose of inspection of universities and colleges, separate sections 7B and 7C be added, namely:

7B. Inspection of Law Colleges and Universitie.- (1) The Bar Council of India may, for the purpose of granting recognition, permission or for ascertaining whether standards of legal education are maintained, visit or inspect any-

(i) University which confers a degree in law;

(ii) Department of law in a University;

(iii) Law college affiliated to a University.

(2) Without prejudice to the provisions of sub-section (1), the Bar Council of India may also direct the State Bar Councils to visit or inspect any such University, Department or Law College referred to in that sub-section for the purposes specified in that sub-section and submit a report.

7C. Task Force (1) Where there is a difference of a substantial nature in the reports submitted by the Bar Council under section 7B and the report submitted by the University Grants Commission and the reports relate to a University or Department of a University, a further inspection shall be done by a Task Force comprising o.-

(i) two members nominated by the Bar Council of India;

(ii) two members nominated by the University Grants Commission;

(iii) one Judicial Officer in the service of the State to be nominated by the Chief Justice of the State concerned.

(2) Where there is a difference of substantial nature in the reports submitted by the Bar Council under section 7B and the report submitted by the University and the reports relate to a law college which is affiliated to it , a further inspection shall be done by a Task Force comprising o.-

(i) two members nominated by the State Bar Council;

(ii) two members nominated by the University concerned;

(iii) one Judicial officer in the service of the State, to be nominated by the Chief Justice of the State concerned.

(3) The Bar Council of India shall consider the other reports in the light of the Report of the Task Force and take a decision in accordance with the provisions of this Act."

(iv) Section 6 (1)(gg) should be substituted as follows:

"(gg) to visit and inspect any University which confers a degree in law or a Department of law of a University or a law college affiliated to a university, in accordance with the directions given under subsection(2) of section 7B;"

(v) Section 7 (1) (i) should be substituted as follows:

"(i) to recognize universities whose degree in law shall be a qualification for enrolment as an advocate or to de-recognise such University or to issue direction to any University to disaffiliate a law college in consultation with the Bar Council Legal Education Committee "

(vi) A separate clause in sub-section (1) of section 7 be added to enable the Bar Council of India to grant permission to a law department of a university or a law college for imparting instruction as follows:

"(id) to grant permission to a law department of a University or a law college for imparting instruction in course of study in law for enrolment as an advocate, or to withdraw such permission in consultation with the Bar Council Legal Education Committee.

(vii) The following clause be added in sub-section (1) of section 49:

"(ak) the procedure regarding granting permission to impart instruction to law colleges, law department of university or any other institution as referred to in clause (id) of sub-section (1) of section 7 and the procedure regarding withdrawal of such permission."

(viii) Section 49 (1) (d) should be substituted as follows:

"(d) the standards of legal education as referred to in clause (h) of sub-section (1) of section 7 to be observed by the universities and the Law Colleges affiliated to the universities and the manner of inspection of such universities and Law Colleges, as referred to in section 7B and section 7C."