No more BCI? Centre plans independent regulators for professional services

In order to improve the oversight of professional services including law, the central government is mulling the independent regulators for each field reports The Hindu..The same report quotes sources in the commerce ministry saying that the existing structure of a regulator-cum-professional body for these services has resulted in several alleged instances of conflict of interest, and incompetence..For instance, just this week, the Supreme Court of India had pulled up the Medical Council of India (MCI) after it “was repeatedly found short of fulfilling its mandated responsibilities”..The report in The Hindu says that the lack of credibility of these very institutions is hurting India’s chances of signing Mutual Recognition Agreements (MRAs) with other countries..So what does this mean for the future of the legal profession in India, and more specifically, the existing regulator, the Bar Council of India?.If the Centre does end up making these appointments, the professional bodies, like the BCI, will continue to exist; however they will maintain distance from the independent regulators as is the case in other countries. There is also likely to be a dilution of the BCI’s statutory powers..Some would even argue that it is the right time to appoint independent regulators to watch over the legal profession, in the wake of the imminent entry of foreign law firms. There have even been calls to do away with the BCI, with the Madras High Court passing a direction to the Centre suggesting that the BCI be disbanded..BCI Chairman Manan Kumar Mishra is vehemently opposed to this proposal; in this article, he contends that the BCI comprises former Supreme Court and high court judges and academicians. “What can be more superior?”, he asks..Perhaps there will be more clarity when the Ministry of Commerce commences discussions with the respective ministries, including the Law Ministry.