Ensure Criminal Background Check Before Enrolling Advocates, Confirm Declarations On Degree & Job: BCI Directs State Bar Councils

The Bar Council of India (BCI) issued a circular on September 25, 2024, to all State Bar Councils (SBCs) mandating strict compliance with BCI directions of criminal background check, declaration of simultaneous degree or employment and compliance with attendance norms before enrolling candidates for legal practice.

The notification highlights two recent BCI circulars that provide for thorough verification of candidates seeking enrolment.

“State Bar Councils must assure themselves that all these directives have been followed by the candidates prior to granting enrolment. It is crucial that no candidate is enrolled unless there is full compliance with these important measures, which are designed to uphold the quality and integrity of legal education and ensure that candidates meet the high standards expected of legal professionals”, the circular reads.

The BCI has instructed all State Bar Councils to ensure that candidates seeking enrolment have complied with the following directives before granting enrolment:

1. It is mandatory that a thorough criminal background check be conducted for each candidate. Candidates with any disqualifying criminal records are not eligible for enrolment.

2. Candidates must declare whether they were enrolled in any simultaneous degree program, academic course, or engaged in any employment during their legal education.

3. Candidates must provide proof of compliance with attendance requirements as mandated by the BCI. This should be backed by attendance records maintained by their legal education institutions.

Enrolment must be postponed for any candidate who fails to comply with these requirements until full compliance is achieved, the circular states.

The two prior circulars referenced in the lates circular are:

1. Circular dated September 23, 2024, which outlines the BCI's approval requirements for dual and joint degree programs in collaboration with foreign universities.

2. Circular dated September 24, 2024, which mandates criminal background checks, declarations regarding simultaneous degree programs and employment status, and the installation of biometric attendance systems and CCTV surveillance in legal education institutions.

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