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Synopsis

The Bar Council of India (BCI), on September 24, 2024, issued a comprehensive directive requiring law schools across the country to adopt several critical measures aimed at ensuring compliance, transparency, and accountability in legal education. The circular mandates the immediate implementation of a Criminal Background Check System, Biometric Attendance, CCTV installation, and declarations related to simultaneous degrees, employment status, and attendance compliance.

Key Provisions of the Circular

Criminal Background Check Requirement
The BCI has introduced a mandatory criminal background verification system for all law students. This move comes in response to judicial concerns about the need to scrutinize the backgrounds of individuals entering the legal profession. Law students must now declare any ongoing First Information Report (FIR), criminal case, conviction, or acquittal prior to the issuance of their final marksheets and degrees. Failure to disclose such information will result in disciplinary action, including the withholding of their academic credentials.

The circular reads, "To uphold the ethical standards of the legal profession, law students must maintain a clean criminal record. All law students are now required to declare any ongoing FIR, criminal case, conviction, or acquittal before the issuance of their final marksheets and degrees". 

Declaration on Simultaneous Degree Programs
As per Chapter II, Rule 6 of the Rules of Legal Education (2008), law students are prohibited from pursuing more than one regular degree program simultaneously. Students are required to declare that they have not enrolled in any other regular academic program while pursuing their LL.B. degree, except for short-term certificate courses or programs conducted via distance learning, which are permitted under the rules. Any student found in violation of this rule will have their final mark sheet and degree withheld.

Employment Status and Attendance Compliance
Law students are also required to declare their employment status during the course of their legal education. Students must confirm that they were not engaged in any job, service, or vocation during their LL.B. program unless they obtained a valid No Objection Certificate (NOC) from their employer. In addition, students must provide proof of attendance compliance, as stipulated under Rule 12 of the Rules of Legal Education.

Law schools are required to report all cases of student employment during their LL.B. program to the BCI, with the subject heading "Student of [CLE] Employment/Vocation Status During LL.B Degree Course." The BCI will issue a decision before the law school can release the student's marksheets and degrees. Non-compliance with this rule will result in strict penalties, including the withholding of academic credentials and possible disciplinary action against both the student and the institution.

Mandatory Biometric Attendance and CCTV Surveillance
The BCI has made it compulsory for all Centers of Legal Education (CLEs) to install biometric attendance systems to ensure accurate tracking of student attendance. In addition, CCTV cameras must be installed in classrooms and other key areas within the institution. These surveillance systems are intended to promote transparency in attendance monitoring and student conduct.

The circular also highlights, "The recordings from these cameras must be preserved for a period of one year to support any necessary verification or investigation related to attendance and student conduct". 

Institutional Compliance and Penalties
Law schools are expected to comply with the BCI's directives without delay. Non-compliance will result in severe consequences, including the possibility of de-recognition or loss of affiliation with the BCI. Institutions failing to adhere to the criminal background check, employment status, or attendance rules may face penalties, including academic sanctions and legal action.

Students who fail to disclose necessary information related to their criminal background, simultaneous degree enrollment, or employment will face serious consequences, including the withholding of their final marksheets and degrees. They are also required to submit a formal undertaking confirming compliance with the BCI’s regulations before their degrees can be awarded.