Bombay High Court upheld BCI Guidelines considering law student’s criminal history

The charge of this petition is that the Petitioner claims to violate privacy and constitutional provisions and therefore the petition has struck down the PIL and the argument advanced appears to be self-reasoned. Critically, the order of the petitioner was based on the assumption that lawyers are granted broad immunity when questioned about their past as legal professionals. The Court also ruled that there are many experienced personnel in the field who are far better qualified than students in the required degrees.

The court has now issued a judgment that has triumphed on matters pertaining to public interest and thus strikes a balance between violence in the legal field and violence in students pursuing a degree in law without prior education. It is against the BCI policy to assume that lack of discretion will not be seen as being in contempt of court. It is a well-known fact that potential students enjoying the public trust which motivates the legal system profoundly lessens the level of scrutiny available to a central system deeming a candidate’s background to decide stressfully. Nonetheless, the legal ethics these lawyers are said to adhere to is completely shockingly abandoning any egregious behaviors.

The arguments posed by the petitioner were quite weak, for the systems that are put in place both to nurture an emerging clientele and later sanction a breach of legal trust are loose Leviathan systems. On that note, the policies set out by BCI are not relenting, for the hope exists that submission of an application or resume will become the basis upon which they will be idolized freely.

This rule is anticipated to have a profound effect on legal education and professional conduct. However, concern about privacy rights has been expressed by some students and legal practitioners, but the majority view it as progress in maintaining ethical standards in the legal profession.

A critique from Mumbai has observed that trust in the legal system must be preserved through the conduct of future lawyers, and this means students must possess a clean record. Legal experts have also said that this ruling could set an important legal precedent for other professions, which will, henceforth, require character certification before employment.

While this discussion on privacy and professional ethics plays out, the Bombay High Court has made it clear that issues of integrity and moral fitness cannot be compromised in regard to the legal profession.