The Delhi High Court (HC) has raised concerns over the Bar Council of India’s (BCI) mandatory baseline attendance requirement of 70% for law students, suggesting it might be reduced to better reflect academic and professional ground realities.
A bench comprising Justices Prathiba M Singh and Amit Sharma observed that many law students intern with lawyers during the day to enhance their practical learning, with most classes concluding by early afternoon.
PTI reports that the court proposed that attendance below the baseline could be supplemented with certificates from advocates.
“The baseline could be 40 per cent. (The remaining) they can complement with certificates (from advocates they are working with). Most classes get over by 1 or 2 pm. They can learn hands-on,” it said, adding that “Exam you can’t stop in any case.”
The judges criticised a BCI circular that allegedly mandated biometric and CCTV-based attendance tracking, calling it “completely far from reality.” They questioned the rationale behind the current 70% threshold, noting that an attendance policy so strict that it debars students could harm their interests.
Addressing the tragic case of Sushant Rohilla, a law student who died by suicide in 2016 after being barred from exams for low attendance, the court underscored the need to consider student mental health and modern teaching methods.
As PTI highlights, the court pointed out that post-pandemic academic dynamics have evolved, warranting a review of attendance norms.
The court urged the BCI to assess the issue for both three-year and five-year law courses and to justify the existing attendance percentage. The matter, transferred from the Supreme Court in 2017, will next be heard in February 2025.
