Delhi HC directs BCI to ease mandatory attendance for Law students, permits exam entry

Delhi HC Directs BCI to Ease Mandatory Attendance for Law Students

The Delhi High Court has directed the Bar Council of India (BCI) to review and revise its compulsory attendance norms for law courses.

The bench, comprising Justice Pratibha M. Singh and Justice Amit Sharma, unequivocally stated that law students cannot be barred from appearing for their examinations solely due to a lack of attendance. The court emphasized that legal education extends far beyond the four walls of a classroom.

The court's decision marks a significant philosophical shift. It recognized that a student's physical presence in class is not the sole indicator of their academic engagement or potential.

"Legal education is not limited to rote or classroom," the bench observed. "It includes understanding the law, applying it in practice, and using it effectively."

The ruling highlighted that an overemphasis on mandatory attendance can stifle the creative freedom of students and does not constitute a comprehensive education. The court has instructed the BCI to amend its rules to credit other academic and professional activities, such as moot courts, internships, and research projects, as part of a student's overall engagement.

This judgment arose from a case linked to the tragic alleged suicide of a law student in 2016 who was debarred from an exam due to insufficient attendance. This context underscored the urgent need for reform to protect student mental health and well-being.

To prevent such tragedies, the court issued immediate interim directives applicable to all law colleges and universities nationwide:

Exam Access Guaranteed: No law student can be prevented from taking exams or pursuing their career based purely on an attendance shortfall.

Cap on Attendance Requirements: Colleges cannot mandate an attendance percentage higher than the BCI's minimum threshold.

Robust Grievance Redressal: All universities must establish Grievance Redressal Committees with a mandatory 50% student representation to ensure their concerns are heard and addressed effectively.

The High Court's directive explicitly orders the BCI to ensure its revised attendance rules are in sync with the progressive goals of the National Education Policy (NEP) 2020 and the latest University Grants Commission (UGC) regulations from 2023. This alignment aims to foster a more flexible, student-centric, and holistic approach to learning.

This verdict is being hailed as a student-friendly reform that acknowledges the diverse ways in which students learn and engage with the law. It empowers students to take greater ownership of their educational journey, balancing classroom learning with practical, real-world experience.