the Bar Council of India (BCI) released a significant directive mandating law schools nationwide to implement essential measures aimed at bolstering compliance, transparency, and accountability within legal education.
The circular outlines several key initiatives, including the establishment of a Criminal Background Check System, the introduction of Biometric Attendance, the installation of CCTV cameras, and the requirement for declarations regarding simultaneous degrees, employment status, and attendance adherence.
Key Provisions of the Directive
1. Criminal Background Check Requirement
The BCI has mandated a comprehensive criminal background verification process for all law students. This initiative addresses judicial concerns regarding the necessity of vetting individuals entering the legal profession. As part of this requirement, law students must disclose any ongoing First Information Report (FIR), pending criminal cases, convictions, or acquittals before receiving their final marksheets and degrees. Failure to provide this information may lead to disciplinary measures, including the potential withholding of 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".
2. Declaration on Simultaneous Degree Programs
In accordance with Chapter II, Rule 6 of the Rules of Legal Education (2008), law students are explicitly prohibited from enrolling in more than one regular degree program at the same time. Students must formally declare that they are not pursuing any other regular academic program while enrolled in their LL.B. degree, except for short-term certificate courses or distance learning programs that comply with the regulations. Any violation of this rule will lead to the withholding of the student’s final mark sheet and degree.
3. Employment Status and Attendance Compliance
Law students are also required to disclose their employment status throughout their legal education. They must affirm that they have not participated in any job, service, or vocation during their LL.B. program unless they have obtained a valid No Objection Certificate (NOC) from their employer. Furthermore, students must provide proof of attendance compliance as outlined in Rule 12 of the Rules of Legal Education.
Law schools are obligated to report all instances of student employment during the LL.B. program to the BCI, using the subject line "Student of [CLE] Employment/Vocation Status During LL.B Degree Course." The BCI will make a determination before the law school is permitted to release the student’s marksheets and degrees. Non-compliance with this regulation will result in severe penalties, including the withholding of academic credentials and potential disciplinary action against both the student and the institution.
4. Mandatory Biometric Attendance and CCTV Surveillance
The BCI has mandated that all Centers of Legal Education (CLEs) install biometric attendance systems to ensure precise tracking of student attendance. Additionally, CCTV cameras must be set up in classrooms and other crucial areas of the institution. These surveillance measures aim to enhance transparency in attendance monitoring and uphold student conduct standard.
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".
5. Institutional Compliance and Penalties
Law schools are required to adhere to the BCI's directives promptly and without exception. Failure to comply will result in significant repercussions, which may include de-recognition or loss of affiliation with the BCI. Institutions that neglect to follow the rules concerning criminal background checks, employment status disclosures, or attendance requirements may face severe penalties, including academic sanctions and potential legal action.
Students who do not disclose essential information regarding their criminal background, enrollment in simultaneous degree programs, or employment status will encounter serious consequences, such as the withholding of their final marksheets and degrees. Furthermore, students must submit a formal undertaking affirming their compliance with the BCI’s regulations prior to the conferral of their degrees.
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