The Bar Council of India (BCI) has taken a significant step to alleviate concerns for law graduates affected by attendance shortages. In a recent decision, the BCI confirmed that those graduates, previously granted permission by the Supreme Court to sit for exams despite not meeting attendance criteria, are entitled to enrolment as advocates. This decision was conveyed in a communication on August 12 by Justice Rajendra Menon, Co-Chairperson of the BCI’s Legal Education Committee.
Background and Context
This development follows a notable case involving a law student’s tragic suicide at Amity University, which led the Delhi High Court to rule against penalizing students solely for attendance shortfalls. The Supreme Court subsequently stayed this ruling in May and, by July, extended a one-time exemption allowing students to complete their exams and degrees without the hindrance of attendance issues.
BCI’s Directive and Clarifications
The BCI emphasized that the attendance deficiency, once excused for examination purposes, cannot be used to deny enrolment. Justice Menon articulated that it would be unreasonable to split this exemption, allowing degree completion but later reviving attendance issues to block professional entry.
To facilitate enrolment, the BCI has allowed universities and Centres of Legal Education (CLEs) to issue an alternative certification. This document will confirm the eligibility of students who, under the Supreme Court’s protection, have completed their degrees. Notably, the historical attendance records remain unalterable, ensuring that the integrity of past attendance records is preserved.
Uniform Application Across India
This directive extends beyond just Delhi University, applying uniformly to all comparable candidates throughout India. The BCI has made it clear that this relief is a one-time, transitional arrangement. It does not alter the future enforcement of attendance requirements as stipulated in Rule 12 of the Rules of Legal Education, 2008. Moreover, it upholds the necessity for candidates to meet other statutory requirements for enrolment as per Sections 24 and 24A of the Advocates Act, 1961. The order is pending ratification by the BCI’s competent authority.
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In conclusion, this decision by the BCI offers a crucial lifeline for law graduates facing enrolment hurdles due to attendance shortages, ensuring that their professional prospects remain intact while maintaining regulatory standards for future batches.
