Nothing illegal about BCI seeking declaration of criminal backgrounds of law students: HC

MUMBAI : The Bombay High Court on Monday said there was nothing illegal in a circular issued by the Bar Council of India (BCI) seeking a declaration from law students on their criminal antecedents, if any. A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre refused to entertain a public interest litigation (PIL) filed by one Ashok Yende, challenging the BCI's circular in September 2024 and one issued by the Mumbai University, stating that it would comply with the conditions.

The BCI, in its circular issued to all educational institutions and universities, sought the implementation of the criminal background check system, declaration regarding simultaneous degree and/or regular academic programmes, employment status, attendance compliance, and biometric attendance, and installation of CCTV cameras in legal education . The BCI said the circular was issued to monitor the antecedents and backgrounds of law students, while the petitioner claimed imposing such a condition was discriminatory towards law students as the same was not required from students of other fields.

The plea claimed that the condition infringed upon students' fundamental right to equality. The bench, however, noted that the petitioner was not an aggrieved student. "Why should the Bar Council of India not check the criminal antecedents of a student? What is illegal about it? What law is violated? According to us, there is nothing illegal in the circular," CJ Aradhe said.

Law admissions

The bench further noted that the BCI only sought a declaration from students if they had any criminal antecedents and has not said that their admission would be cancelled if there was any antecedent. The court observed that the BCI's move should be welcomed and not opposed while warning the petitioner that it would impose a cost on him for wasting judicial time. The petitioner then sought to withdraw the petition, which the court permitted.

The BCI , in its circular, said to uphold the ethical standards of the legal profession, law students must maintain a clean criminal record. According to the circular, all law students are now required to declare any ongoing FIR, criminal case, conviction, or acquittal before their final mark sheets and degrees are issued. Failure to disclose such information will result in strict disciplinary action, including withholding the final mark sheet and degree.