Supreme Court’s Observation on BCI’s Role in Legal Education

The Bar Council of India, while dismissing its (BCI) challenge to a Kerala High Court ruling, orally observed that the BCI should refrain from interfering in matters of legal education and leave such issues to academicians and jurists.

Key Remarks by Justice Surya Kant

• BCI’s Role in Legal Education:
  Justice Surya Kant expressed strong views on the BCI’s involvement, stating,
  “First of all, speaking for myself – and I will persuade my brother also – the BCI has no business to go into legal education… Legal education should be left to the jurists, to legal academicians. Have mercy on the legal education of this country.”
• Future Scenario Consideration:
  Justice Kant further questioned BCI’s opposition by raising the hypothetical situation of the convicts being acquitted in the future, suggesting that denying them education could lead to an unjust outcome.

Dismissal of BCI’s Appeal

The Supreme Court bench, comprising Justices Surya Kant and N Kotiswar Singh, dismissed the BCI’s appeal on two grounds:

1. Delay in Filing: The BCI challenged the Kerala High Court’s ruling (delivered in November 2023) only earlier this month.
2. Merits of the Case: The Supreme Court found no substantial grounds to interfere with the High Court’s reasoning.

Background of the Case

• Kerala High Court Ruling (November 3, 2023):
  The High Court bench of Justices AK Jayasankaran Nambiar and Dr Kauser Edappagath allowed two men, who were life convicts, to pursue legal education through online mode while serving their sentences.
  • The convicts had cleared the entrance examination for the LL.B. course conducted by the Kerala Law Entrance Commissioner for the academic year 2023-24 and sought interim bail to attend law classes.
• Opposition by BCI:
  The BCI’s standing counsel argued before the High Court that only candidates who have completed a regular LL.B. course from a recognized university are entitled to enroll as advocates.
• College Stand:
  The principals of the law colleges where the convicts were admitted stated that they would permit the convicts to attend classes online if the Court directed them to do so.

High Court’s Reasoning

The Kerala High Court granted permission for the applicants to pursue their LL.B. courses online and ordered that they could be released on interim bail if their physical presence was required for practical training or examinations.
The High Court emphasized the human rights aspect of the case, stating,
“A convict is entitled to basic human rights and has the right to live with dignity in jail. The prisoners’ right to education is a human right grounded in the right to dignity. A prisoner has as much a right to pursue study as a person free from the confines of jail.”