The Bar Council of India (BCI) has approved a one-time arrangement allowing certain law graduates who faced attendance shortages to apply for enrolment as advocates, provided they fall within the class protected by the Supreme Court and meet all other statutory requirements.
The arrangement is limited to students whose academic session was ongoing when the Delhi High Court delivered its judgment on November 3, 2025, and who were subsequently protected by the Supreme Court's order dated July 21, 2026.
The BCI order, dated August 12, 2026, follows representations from students of the Faculty of Law, University of Delhi, who said they were facing difficulties at the enrolment stage because their universities could not issue the usual attendance or Attendance-cum-Character Certificate.
The BCI said the issue was not limited to individual students or institutions and concerned candidates who had been permitted to appear in final or supplementary examinations despite attendance shortages, had passed those examinations and had subsequently obtained recognised LLB degrees.
Attendance Shortage Cannot Alone Block Enrolment
Under the one-time arrangement, a candidate covered by the Supreme Court's protection cannot have their enrolment application rejected, withheld or kept pending solely because of an attendance shortage relating to the protected academic session.
The BCI order states that such an approach is necessary because the same attendance shortage that could not prevent a protected student from completing the degree should not later be used by itself to deny consideration for enrolment.
"The judicial protection must be given a meaningful and workable effect, without creating any general exemption from the Rules of Legal Education," the order states.
The BCI has, however, made it clear that the arrangement does not amount to a relaxation of attendance rules for any other batch, semester or academic session.
"The benefit under this order is strictly one-time, exceptional and transitional," the order says.
It further clarifies that the arrangement "shall neither constitute a general relaxation of Rule 12 of the Rules of Legal Education, 2008 nor create any precedent for an academic session" outside the one covered by the Supreme Court's July 21 order.
Who Can Benefit From The BCI Order?
- The one-time arrangement will apply to candidates who meet specific conditions. They must have:
- Been admitted to and pursued a recognised LLB programme at a BCI-recognised university and approved Centre of Legal Education.
- Been permitted to appear in the final or supplementary examination in accordance with the legal position applicable to the protected academic session.
- Successfully passed the prescribed examinations and obtained an LLB degree.
- Fulfilled the requirements under Sections 24 and 24A of the Advocates Act, 1961, along with other applicable enrolment rules.
The BCI has also clarified that the arrangement will apply uniformly across India and will not be restricted to students of Delhi University or its law centres.
"The determining criterion shall be whether the candidate falls within the category and academic session protected by the Hon'ble Supreme Court's order dated 21.07.2026 and otherwise fulfils the statutory requirements for enrolment," the order states.
Universities Need Not Certify Attendance Was Fulfilled
The BCI has specifically addressed the problem of attendance certificates.
Universities and Centres of Legal Education will not be required to certify that a candidate had the prescribed attendance if their contemporaneous records show otherwise. Historical attendance records are also not to be changed or treated as regular.
"No University or Centre of Legal Education shall be required, for the purpose of this one-time arrangement, to certify as a fact that a candidate possessed the prescribed attendance if its contemporaneous records show otherwise," the order states.
Instead, institutions may issue an alternative certification confirming that the candidate was duly admitted, belonged to the academic session covered by the Supreme Court's order, was permitted to take the relevant examination, successfully completed the LLB rogramme and holds a genuine degree.
The certificate can also record that any attendance deficiency relates to the protected academic session without certifying the candidate as having met the ordinary attendance requirement.
