FINALREPORT - The Bar Council of India

More documents

Recommendations

Info

Constitutional and Statutory Framework 9the power to cause an inspection or inquiry to be made of any University,and to advise on any matter which has been the subject of an inquiry orinspection.The definition of a ‘University’ under the provisions of Section 2(f) of theUGC Act implies not only a University established or incorporated by orunder a Central Act, a Provincial Act or a State Act, but also includes anysuch institution as may, in consultation with the University concerned, berecognized by UGC in accordance with the regulations made under theAct.It is by virtue of this provision that even affiliated colleges areincluded within the domain of UGC’s regulation.The Supreme Court has emphasized at length the role and responsibilityof UGC vis-à-vis the regulation of standards of higher education in India.The decision of the Supreme Court in the matter of University of Delhivs. Raj Singh, 1994 Supp. (3) SCC 516 is highly illuminative in thisregard, wherein it was held that Regulations framed by UGC prescribingqualifications for teaching staff would override and prevail over all otherlegislations in this regard, even Parliamentary enactments.UGC’sregulatory character was succinctly reaffirmed by the Supreme Court inthe case of Prof. Yashpal vs. State of Chattisgarh, (2005) 5 SCC 420 aswell, wherein it was held as follows:REPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION
Constitutional and Statutory Framework 10“46. Entry 66 which deals with coordination anddetermination of standard in institutions for higher educationor research and scientific and technical institutions is in theUnion List and Parliament alone has the legislativecompetence to legislate on the said topic. The UniversityGrants Commission Act has been made with reference toEntry 66 (see Prem Chand Jain v. R.K. Chhabra and OsmaniaUniversity Teachers’ Assn. v. State of A.P.). The Act has beenenacted to ensure that there is coordination anddetermination of standards in universities, which areinstitutions of higher learning, by a body created by theCentral Government. It is the duty and responsibility of theUniversity Grants Commission, which is established bySection 4 of the UGC Act, to determine and coordinate thestandard of teaching curriculum and also level of examinationin various universities in the country. In order to achieve theaforesaid objectives, the role of UGC comes at the threshold.The course of study, its nature and volume, has to beascertained and determined before the commencement ofacademic session. Proper standard of teaching cannot beachieved unless there are adequate infrastructural facilities inthe campus like classrooms, libraries, laboratories, wellequippedteaching staff of requisite calibre and a properstudent-teacher ratio. For this purpose, the CentralGovernment has made a number of rules in exercise of powersconferred by Section 25 of the UGC Act and the Commissionhas also made regulations in exercise of power conferred bySection 26 of the UGC Act and to mention a few, the UGCInspection of Universities Rules, 1960, the UGC Regulations,1985 Regarding the Minimum Standards of Instructions forthe Grant of the First Degree, UGC Regulations, 1991Regarding Minimum Qualifications for Appointment ofTeachers in Universities and Colleges, etc. UGC with theapproval of the Central Government and exercising powerREPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION
Page 1 and 2: IN THE SUPREME COURT OF INDIACIVIL
Page 3: ForewordiDuring the course of heari
Page 7 and 8: ForewordvAlso immensely helpful wer
Page 9 and 10: Constitutional and Statutory Framew
Page 20 and 21: The Vision for Reform 13basis that
Page 22 and 23: The Vision for Reform 15academia ov
Page 24 and 25: The Vision for Reform 17being grant
Page 26 and 27: The Vision for Reform 19Working Gro
Page 28 and 29: The Vision for Reform 21consultancy
Page 30 and 31: The Vision for Reform 23(i)Role of
Page 32 and 33: The Vision for Reform 25progressive
Page 34 and 35: The 2008 BCI Rules 27education has
Page 36 and 37: The 2008 BCI Rules 29minimum percen
Page 38 and 39: The 2008 BCI Rules 31(iv) there is
Page 40 and 41: The 2008 BCI Rules 33Provided that
Page 42 and 43: The 2008 BCI Rules 35a) Temporary a
Page 44 and 45: Qualitative Improvement of the Lega
Page 52: Qualitative Improvement of the Lega
Page 56 and 57: Conclusions and Recommendations 49P
Page 58 and 59: Conclusions and Recommendations 51I
Page 60 and 61: Conclusions and Recommendations 53(
Page 62 and 63: Conclusions and Recommendations 55w
Page 64 and 65: Appendix 1 57size of its student po
Page 66 and 67:
Appendix 1 59The minimum investment
Page 68 and 69:
Appendix 1 61Education. The Centre
Page 70 and 71:
Appendix 2 63REPORT OF 3-MEMBER COM
Page 72 and 73:
Appendix 3 65LIST OF MEMBERS OF THE
Page 74 and 75:
Appendix 4 67THE BAR COUNCIL OF IND
Page 76 and 77:
Appendix 4 69RESOLUTION:RESOLVED th
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92:
show all

FINALREPORT - The Bar Council of India

Create successful ePaper yourself

Delete template?

Save as template?