New Delhi [India], October 26 (ANI): The Bar Council of India (BCI) has removed 107 fake advocates from the Roll of Advocates between 2019 and October 2024, specifically in the State of Delhi, as part of its ongoing effort to uphold the integrity and professionalism of the legal community.
In a press statement, the BCI announced that this decisive action aims to eliminate fake advocates and those who no longer meet the standards of legal practice. By doing so, the BCI seeks to protect public trust and safeguard the legal system itself from unethical practices.
The process is conducted under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, with a significant amendment to Rule 32 notified on 23rd June 2023. This amendment further strengthened the verification framework, enabling the Bar Council to identify and remove unqualified or fake advocates from the Roll more effectively and systematically.
The amended rule has proven a crucial step in fostering a legal profession built on transparency and accountability, according to the BCI.
Between 2019 and 23rd June 2023, several thousand fake advocates were removed following thorough investigations into their credentials and practices. These removals were largely due to issues of fake and forged certificates, as well as misrepresentation during enrolment. Additionally, failure to actively practise law and non-compliance with the Bar Council’s verification processes have led to the removal of advocates from active practice.
With the amendment to Rule 32 in June 2023, the process has become notably more efficient.
A Supreme Court order in the case of *Ajayinder Sangwan and Others vs. Bar Council of Delhi* (TC(Civil) No. 126 of 2015) has further enhanced procedures by allowing Rule 32 to be implemented effectively, enabling the Bar Council to address cases of fraud and non-compliance more swiftly. This represents a significant improvement in the Bar Council’s ability to protect the public and the profession from unqualified individuals, underscoring the updated rules’ role in safeguarding the integrity of the legal community.
Fake advocates are identified through ongoing investigations conducted by the Bar Council and the High-Powered Committee constituted by the Honourable Apex Court in *Ajay Shanker Srivastava vs. Bar Council of India & Anr.* (W.P. No. 82 of 2023). Cases related to forgery were under review before the rule change, while others were addressed after the amendment. These removals further underscore the Bar Council’s commitment to ensuring that the Roll of Advocates includes only genuinely qualified and actively practising individuals.
Of the 107 most recent removals, 50 have occurred since the amendment, indicating significant progress in the verification process’s efficiency and thoroughness, largely due to the June 2023 amendment.
The stark contrast in removal rates before and after the amendment of Rule 32 highlights the success of the new verification framework. The Bar Council’s improved ability to identify and remove fake advocates has significantly boosted public trust in the legal system. By raising the removal rate, the Bar Council has demonstrated its dedication to protecting the profession and ensuring that only qualified, practising lawyers represent the public.
In light of the rigorous scrutiny now in place, many advocates aware of their fraudulent or non-compliant status have preemptively surrendered their enrolment certificates, fearing exposure. However, the Bar Council urges all State Bar Councils to exercise caution when accepting such surrenders.
It is essential that fake advocates are held accountable for their actions, as their deception has harmed the public and compromised the justice system. State Bar Councils must undertake full investigations to verify enrolment authenticity before permitting a surrender. While these advocates may be barred from practising law immediately, the process of complete surrender should only be finalised after thorough scrutiny.
Furthermore, many universities have informed State Bar Councils that they are uncovering additional fake advocates during academic degree verifications. These universities have been working closely with the State Bar Councils, and it is anticipated that several hundred more advocates could be removed from the Roll. Once the universities complete their degree verification processes and submit findings to the State Bar Councils, and this information is forwarded to the Bar Council of India, further action will be taken. Elections to the various State Bar Councils, where due, will be held only after removing all fake and forged degree holders and non-practitioners in compliance with Rule 32. The Honourable Apex Court has emphasised the importance of effectively implementing the Verification Rules.
The Bar Council of India will continue working closely with the State Bar Councils to ensure the verification process remains thorough and that no unqualified advocate slips through. These efforts reflect the Bar Council’s ongoing commitment to building a legal profession the public can trust. By ensuring that only qualified and practising advocates remain on the Roll, the Bar Council reinforces the credibility and ethical standards of the legal community. (ANI)
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