Aastha Pareek
In a decisive move to address the issue of unauthorized practice, the Bar Council of India (BCI) on 26 October recently disqualified 107 advocates from practicing law in Delhi. These individuals, who were found to be either practicing with fake credentials or failing to meet established legal standards, were removed from the BCI’s roster.
This action is part of a broader BCI initiative to uphold the ethical standards of the legal profession by eliminating individuals who do not possess legitimate qualifications. The campaign against such “fake advocates” has been ongoing since 2019 and reflects the BCI’s commitment to fostering public trust and preserving the integrity of the judicial system.
The recent crackdown is facilitated by an Amendment to Rule 32 of the Certificate and Place of Practice (Verification) Rules, 2015, which the BCI enforced beginning in June 2023. The Amendment strengthened the verification process, enabling the Council to systematically identify unqualified advocates and take action accordingly. In doing so, the BCI has established a more effective framework to verify credentials, ensuring that only advocates with legitimate qualifications are permitted to represent clients in court.
The BCI’s current actions find strong support from the Supreme Court’s ruling in Ajayinder Sangwan vs. Bar Council of Delhi (2021), a case that underscored the need for a stringent advocate verification process across India. In this ruling, the Supreme Court directed all State Bar Councils to adopt measures that would prevent unqualified individuals from infiltrating the legal profession. It underscored the importance of upholding professional standards and preserving the public’s trust in the legal system.
In response to this ruling, the BCI has not only introduced stricter measures but has also coordinated with Educational Institutions to verify law degrees. The new procedures require advocates to periodically renew their credentials, and any discrepancies or concerns regarding qualifications lead to immediate scrutiny and investigation. The ruling also mandated that only verified advocates could participate in Bar Council elections, helping ensure that those in decision-making positions within the legal profession meet the necessary qualifications.
The Council has observed a significant increase in advocates voluntarily surrendering their certificates due to the stricter scrutiny introduced by the BCI. While the BCI encourages full investigations before accepting such surrenders, this trend reflects the deterrent effect of the new verification rules. By making clear that fraudulent practices will not be tolerated, the BCI has set a precedent for ethical standards and integrity in the legal profession.
This effort by the BCI serves as a model for Bar Councils across India, encouraging them to conduct their own reviews and ensuring that only qualified advocates represent clients in their respective states. The BCI’s Secretary, Srimanto Sen, has publicly emphasized the importance of maintaining public trust and urged other state councils to exercise similar vigilance. The recent disqualifications in Delhi are expected to be the first of many, with ongoing degree verifications by universities likely to reveal additional cases of fraud or non-compliance.