SC Issues Notice to BCI on Plea Against Mandatory Criminal Background Checks and CCTV Installation in Law Colleges
In an open letter to the BCI, the students have emphasised that the BCI lacks the statutory authority to withhold degrees or mark sheets based on criminal background declarations
The Supreme Court of India recently issued notice to the Bar Council of India (BCI) regarding petitions challenging the circulars issued by the BCI in September 2024.
According to these circulars, the BCI mandates the implementation of a Criminal Background Check System for all law students, along with declarations regarding simultaneous degrees and/or regular academic programs, employment status, attendance compliance, biometric attendance, and the installation of CCTV cameras in all Centers of Legal Education.
In view of this, a bench of Justices Vikram Nath and Sandeep Mehta has accordingly sought the BCI’s response within six weeks.
Court made these observation in petitions filed by two final-year law students challenging the circulars issued by the BCI. The petitioners contend before the bench that the said circulars violate fundamental rights guaranteed under the Indian Constitution, specifically Article 14 (right to equality), Article 19(1)(a) (freedom of speech and expression), and Article 21 (right to privacy).
“......The impugned circulars issued by the Respondent Bar Council of India, under the garb of upholding the ethical standards of the legal profession, have been passed without jurisdiction and seek to infringe upon the right to freedom of speech and expression, right to freedom of profession, and right to privacy guaranteed under the Constitution of India...," the petition adds.
Arguing that the circulars not only lack any rational basis but also impose unreasonable restrictions, the petitioners claim that the measures exceed the regulatory authority of the BCI. Furthermore, the petitioners express concerns about the mandatory installation of CCTV cameras in classrooms and key areas of institutions, contending that such measures would hamper open discussions and academic freedom.
In October 2023, several lawyers, and law students, wrote an open letter to BCI urging them to withdraw the notification dated September 2023 immediately.
"We the undersigned, lawyers, law teachers, law students and other concerned citizens of India write to you to express our concern and disagreement with the contents of the Notification (BCI:D:5186/2024 (LE Circular No.13/2024) issued by the Bar Council of India (BCI) on 24.09.2024. We urge you to roll these back with immediate effect." the letter said.
Further, the letter emphasises that the BCI lacks statutory authority to withhold degrees or mark sheets based on criminal background declarations. It also argued that the implementation of biometric attendance systems and CCTV cameras violates the privacy of students and teachers.
Case Title: Prakruthi Jain vs. Bar Council of India