BCI Censures Comments of Justice Muhamed Mustaque on Legal Education set by High Level Committee: Says Justice misled by some Vested Interests Persons

BCI + Justice Muhamed Mustaque

The Bar Council of India (BCI) in its vide press release dated 18th June 2023 condemned the comments made by the Justice Muhamed Mustaque of Kerala High Court. According to the Bar Council, the comments of the Justice was shocking and irresponsible, without doing proper background work.

The BCI mentioned in the press release that“Mr. Justice Muhamed Mustaque appears to have been misled by some persons having vested interests or grudge against the Bar Councils.”

Speaking at the ‘Juris Trailblazers’ Initiative launch, the Justice stated “Who is dictating our syllabus? The bar council members. This is the biggest tragedy we are facing in India.”

The Justice claimed that the only minor individuals who are elected through an election make decisions on legal education. They set the curriculum and are the only litigators with domain knowledge that is limited to litigation.

However, the immediate press release by the BCI on Sunday clearly stated that “Only because he is a Judge, he does not have liberty to pass any comment against anybody or any organization without having proper knowledge about it.”

The BCI added that the Committee is co-chaired by two active Chief Justices of High Courts and is led by a retired Supreme Court judge. Along with several illustrious Senior Advocates of the nation, the group’s members also include two former Chief Justices of High Courts and eleven prominent academics, including Vice-Chancellors of National Law Universities, Deans of Central Universities, and other Government and Private Law Universities.

This High Level Committee alone establishes the rules and guidelines for legal education. The Judge should be aware that the Legal Education Committee of the Bar Council only has five elected members. 

Additionally, only one or two members of the Bar Council of India or State Bar Councils make up the visiting teams of the Bar Council that inspect legal education centres. These teams are led by former judges of high courts and are made up of senior university professors and teachers.

The Legal Education Committee, which makes the final decision, considers the proposals made by these teams for approval or condemnation of any Centre of Legal Education. Thus, judges and law professors effectively make the choices.

The BCI added that “Instead of criticising and listening to vested interests, the Hon’ble Judge Mr. Muhamed Mustaque should give his valuable suggestions and inputs to the Bar Councils to which he owes a lot having studied law in an institution approved by Bar Council of India only.”

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