Regulator can’t run institution sought to be regulated by it, SC told

New Delhi: The Supreme Court was told on Monday that a regulatory body itself cannot operate an institution that is sought to be monitored by it.Advancing the submissions in a case related to the grant of fair and just compensation under the SHANTI Act in case of a nuclear accident, advocate Prashant Bhushan told a bench a headed by Chief Justice of India (CJI) Surya Kant that he would file a petition challenging the Bar Council of India’s (BCI) running of a law college, despite it being a regulatory body for law colleges.

“This is in the process of being filed,” Bhushan told the bench that also comprised Justices Joymalya bagchi and V Mohana.The bench was hearing the plea of E A S Sarma, challenging the validity of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act.

Bhushan was arguing on the conflict arising on account of the fact that members of the Atomic Energy Regulatory Board (AERB) are appointed on the recommendation of a selection panel formed by the Atomic Energy Commission (which operates nuclear power plants).

He said due to this conflict, the purpose of having an independent regulatory board is defeated.Drawing a parallel, he said the BCI is running a law college, even though it has regulatory power over law colleges.”Today, the Bar Council is running a law college. In fact, we are filing a petition regarding that — that the Bar Council cannot run a law college. That they are regulating these bar colleges and they are running a bar college. Same thing here,” Bhushan said. The remarks seemingly referred to the BCI Trust-run India International University of Legal Education and Research (IIULER) in Goa.