The Legal Education - Law Commission of India

78aspect in section 7(1) which deals with the powers of the Bar Council ofIndia. The Commission felt that previous exercise of such powers would bejustified on the basis of various principles including the ‘de-facto’ doctrine.But, again, by way of abandon caution, the Commission felt that a separateprovision validating all previous action of the Bar Council of India inregard to permission for affiliation or withdrawal of permission be inserted.It is also proposed that no law college or law department of a university orany other institution should offer or impart instruction in a course of studyin law which leads to enrolment as an advocate and no student should beadmitted in any such course without obtaining prior permission in thisregard from the Bar Council of India. It is further proposed that no lawcollege or law department of a university or any other institution shouldcontinue to impart instruction, if the permission granted by the Bar Councilof India has been withdrawn. It is also proposed that any fees or amount bywhatever name called collected from any person towards admission inviolation of this requirement shall be refunded. Accordingly, it is proposedto put this aspect in proposed section 7A. (The existing section 7A shouldbe renumbered as section 7D).8.3.2 In order to emphasize the mandatory nature of requirement of priorpermission from the Bar Council of India and to deter violation of thisrequirement, the Commission felt that it is necessary to incorporate aprovision that if any person including any institution or body, society, trustor company starts any law course which leads to enrolment as an advocate,without prior permission, or continues to impart instruction, if permissiongranted by the Bar Council of India has been withdrawn, it would be anoffence. For this purpose, section 45A is proposed to be inserted makingthe violation a punishable offence.