The Legal Education - Law Commission of India

83one where the college is proposed to be established or is alreadyestablished, must be included.We also recommend that separate provisions be incorporated in theAdvocates Act, 1961 for providing that in case of any conflict in theinspection reports of the Bar Council of India and of the UGC/Universitiesor where there is a big gap between the claims of the management and theInspection Committee, a Task Force should make inspection on the samelines as in the Regulations of the AICTE in which a Judicial Officer wouldbe a member.These recommendations should not be considered by the BarCouncil of India as diluting the authority of its inspection committees, butas one intended to prevent complaints in regard to the inspection processand in fact, such a procedure is now followed in respect of EngineeringColleges by the AICTE. The inspections by the Committees of the BarCouncil of India must be open and transparent and principles of fairnessand natural justice must be strictly followed. A complaint against aninspection should not be viewed as a dispute between adversaries but as afact-finding mission consistent with principles of natural justice. In fact, ifthe findings of the Task Force confirm the findings of the Bar Council ofIndia’s inspection committees, it would only enhance the strength of thefindings of the Inspection Committee of the Bar Council of India.8.13 We, therefore, recommend that(i) for the purpose of obtaining prior permission from the BarCouncil of India by the law colleges and law department of auniversity or any other institution, a separate provision beincorporated in the form of section 7A, namely: