The Bombay High Court Today (Feb 10) refused to hear a PIL challenging the Bar Council of India’s (BCI) rule requiring law students to undergo criminal background checks before receiving their final marksheets. Advocate Ashok Yende argued that the rule violates privacy and is beyond BCI’s powers. However, the Court stated that having a criminal case does not prevent students from pursuing legal education. The matter is also pending before the Supreme Court.
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MUMBAI: The Bombay High Court on Monday did not accept a Public Interest Litigation (PIL) that questioned the rule made by the Bar Council of India (BCI). This rule says that law colleges must check if students have a criminal background before giving them their final marksheets.
This PIL was filed by advocate Ashok Yende, who raised doubts about whether the BCI had the legal power to make such a rule. He also argued that this rule was unfair, violated privacy, and was beyond BCI’s powers.
However, the petition was withdrawn after the Court, led by Chief Justice Alok Aradhe and Justice Bharati Dangre, said that if they rejected the petition, it might stop others who are genuinely affected from raising their concerns in the future.
At the same time, the Court made it clear that the circular was not unconstitutional.
“Having a criminal case does not have the effect of driving you away from education right. You can still pursue the course. It’s okay. There is nothing wrong with it,”
-the Court said.
The BCI had issued this circular on September 24, 2024. According to it, law colleges must check whether students have any ongoing FIRs, criminal cases, past convictions, or acquittals before giving them their final marksheets and degrees.
Apart from this, the circular also says that students must declare that they are not studying any other course or doing any job unless they have obtained a No Objection Certificate (NOC). The BCI also asked colleges to install biometric attendance systems and CCTV cameras inside classrooms.
Advocate Yende, who has been in legal education for over 40 years, said that the BCI does not have the authority to issue such a rule.
“The BCI has no jurisdiction to issue the impugned circular, and that said the circular is unwarranted, completely arbitrary, and ultra vires the jurisdiction and powers of BCI,”
-the petition stated.
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He argued that, according to the Advocates Act of 1961, the BCI is only supposed to regulate the legal profession. It does not have the power to interfere with how universities handle admissions or academics.
He also pointed out that this circular is unfair because it applies only to law students. Other students from different fields do not have to disclose their criminal backgrounds. He said this was against the right to equality under Article 14 of the Indian Constitution.
Moreover, the petition claimed that the circular was against students‘ right to privacy under Article 21 (right to life and personal liberty). It argued that forcing students to reveal their criminal history, even if they were acquitted, was an unnecessary breach of privacy.
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The petition also raised concerns that this rule might lead to harassment, especially for students who were wrongly accused in criminal cases.
In addition, Yende said that asking students to keep a “clean criminal record“ goes against the idea of reformative justice, which is an important principle in India’s legal system. Reformative justice focuses on giving people a second chance rather than punishing them forever for past mistakes.
Because of all these concerns, Yende requested the Court to order the BCI and the University of Mumbai to take back the circulars.
Meanwhile, the Supreme Court has also asked the BCI to respond to other petitions that challenge the same rule.
That case is still pending before the Supreme Court.
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