Bombay HC Decides Upon the Validity of Rule 2(xxiv) of the Rules of Legal Education

The Bombay High Court passed its verdict in a case challenging the validity of Rule 2(xxiv) of the Rules of Legal Education, 2008. The said rule prevents the functioning of centres of legal education without obtaining regular approval of the Bar Council of India. It defines the term “regular approval” as an approval for a period, not more than five years. The rule also applies to those colleges which were granted permanent approval before 2008.

Babasaheb Ambedkar College of Law and Rashtra Sant Tukdoji Maharaj Nagpur University challenged the validity of the rule. The petitioners argued that the Advocates Act, 1961, does not empower BCI to make rules having retrospective effect. The colleges sought a declaration that the law colleges were not required to seek any fresh approval as they have been granted with permanent approval earlier. However, the court observed that permanent approval granted before 2008 would be an existing right and not a vested right.

The Court observed that BCI has the onus of promoting and ensuring the provision of quality legal education in the country and thus it has been granted the power to frame rules for the universities to follow. The Court went on to say, “This rulemaking power would thus include the power to modify existing rules with a view to maintain and improve the standards of legal education in Universities.” It accordingly dismissed the petition and upheld the validity of the rule.

CONTINUE READING

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

Justice D Y Chandrachud’s path-breaking Verdict in the Sabarimala Case of...

0
“Will the quest for equality and fraternity be denuded of its content where women continue to be treated as children of a lesser god in exercising their liberties in matters of belief, faith and worship? Will the pursuit of individual dignity be capable of being achieved if we deny...

After repealing section 377, its time to Legalise Same-Sex Marriage in...

0
A draconian, archaic law that criminalized homosexuality was struck down in a historic judgment given by the Supreme Court in 2018. Two years after the judgment, the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community has now sought legal recognition of their relationships. As the social stigmas surrounding the LGBTQ...

Modern Day Book Burning a.k.a Internet Shutdowns

0
The internet has become an indispensable element in our society for all the obvious reasons. For the majority of users, not a single day goes by where we don't 'need' the internet and the lack of a reliable and fast connection can feel paralyzing. An internet shutdown refers to...