Short On Attendance, Full Degree: BCI Opens Door To Legal Practice

Short On Attendance, Full Degree: BCI Opens Door To Legal Practice 

Offers Relaxation For 2025-26 Batch Of Law Grads Covered By SC’s Order

Sugandha.Jha1@timesofindia.com 

New Delhi: A cohort of law graduates across the country from the 2025-26 academic session, caught in an attendance limbo that prevented them from becoming advocates despite having a law degree in hand, can now cross the hurdle, as Bar Council of India (BCI) has created an alternative route for them to complete their enrolment as advocates. 

So far, in order to enrol, the graduates were required to submit an attendance-cum-character certificate. But having been allowed to complete their courses as a one-time measure despite falling short of the prescribed attendance, the students could not be issued certificates by their colleges stating they had fulfilled the attendance requirement. In effect, even though the students had a law degree, they lacked the document needed to enter the profession. This left many educational institutes in a peculiar bind: issuing a certificate showing the required attendance would mean certifying something that was not true. 

Following representations, including from Delhi University’s Law Centre-I Students’ Union, BCI issued a notice on Aug 12 directing all universities imparting law education and state bar councils to issue alternative attendance-cum-character certificates to the affected students without modifying their actual attendance records. 

“Historical attendance records shall not be altered, rewritten or deemed regular,” the notice stated. The certificate will only certify that the student falls within the protected category, as per Supreme Court’s order, and has lawfully completed the course. The alternative certification is intended only “to identify the candidate as falling within the protected class and to confirm lawful completion of the recognised LLB programme,” it read. 

The issue stems from Delhi High Court’s Nov 3, 2025 judgment in the Sushant Rohilla case, which directed that students should not be stopped from taking examinations or progressing solely because of attendance shortage. SC subsequently stayed the relevant direction prospectively on May 26, 2026 and, on July 21, granted one-time protection to students whose academic sessions were underway when the HC judgment was delivered. This meant that students who had fallen short of attendance during this period were allowed to appear for and complete their examinations, but after obtaining their degrees, these students faced a fresh hurdle as they could not produce the mandatory attendance certificate required for enrolment as advocates. BCI said the one-time protection “cannot reasonably be divided into two inconsistent stages” — where the attendance shortage is disregarded for completion of the law degree but revived immediately thereafter to deny entry into the profession. 

It said state bar councils may process applications of eligible candidates “without insisting upon an attendance certificate certifying the ordinarily prescribed percentage of attendance”, where the deficiency relates to the protected academic session. The arrangement is strictly one-time and will apply uniformly to similarly situated candidates across India. It will not constitute a relaxation of attendance requirements for future batches, BCI’s notice stated.