BCI Strengthens Rule 32 Implementation, Removes 107 Fake Advocates in Delhi

By Legal Wires 5 Minutes Read

The Bar Council of India (BCI) has taken a decisive step towards preserving the integrity and credibility of the legal profession by removing 107 fake advocates from the Roll of Advocates in Delhi. This development underscores the BCI’s unwavering commitment to eliminating fraudulent practitioners from the legal system, ensuring that only genuinely qualified individuals represent the public in courts. The BCI’s latest move is part of a larger, ongoing effort initiated in 2019, which aims to rectify irregularities within the legal profession. This rigorous verification process, mandated under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, serves as a crucial regulatory mechanism to identify and expel advocates with forged certificates, misrepresented credentials, or non-compliance with established norms.

The recent amendment to Rule 32, which came into effect on 23rd June 2023, has significantly improved the BCI’s ability to conduct investigations more efficiently, facilitating swift identification and removal of unqualified practitioners. This rule change follows a crucial Supreme Court order in the case of Ajayinder Sangwan & Others vs Bar Council of Delhi in TC (Civil) No. 126 of 2015, which authorized the BCI to enforce these regulations more effectively. With thousands of advocates scrutinized and hundreds removed before the June 2023 amendment, the intensified verification process has already started showing results, as seen in the recent batch of 107 removals. These actions align with the BCI’s broader agenda of maintaining high professional standards, ensuring that the legal community remains both credible and competent in representing the public’s interests.

Removal of Fake Advocates

• Since 2019, the BCI has actively removed several thousands of fake advocates from the rolls in Delhi.
• The removals primarily stem from issues such as:
  • Fake or forged certificates submitted during the enrolment process.
  • Misrepresentation of professional qualifications.
  • Failure to actively practice law as required by the BCI.
  • Non-compliance with the verification protocols under Rule 32.
• The BCI’s stringent checks aim to ensure that only genuine and actively practicing advocates are part of the legal profession.

Supreme Court’s Role in Strengthening Rule 32

• The amendment to Rule 32 on 23rd June 2023 was backed by the Supreme Court in the case of Ajayinder Sangwan & Others vs Bar Council of Delhi.
• The amendment has made the verification process faster, more efficient, and capable of detecting fraud more thoroughly.
• The BCI, commenting on this amendment, stated: “The recent amendments have made the process more streamlined, ensuring that the public and the legal profession are protected from unqualified individuals.”

Investigations and High-Powered Committee

• The verification of advocates is conducted by a High-Powered Committee, constituted under the Supreme Court’s directive in the case of Ajay Shanker Srivastava vs Bar Council of India & Anr. (W.P. No. 82 of 2023).
• Some cases were under review prior to the amendment, while others were addressed after the June 2023 rule change.
• The BCI has reaffirmed its commitment to maintaining a genuine Roll of Advocates, ensuring that the list includes only those who meet the qualification and compliance criteria.

Breakdown of Removals

• A total of 107 recent removals have been reported, comprising:
  • Hundreds of advocates removed before 23rd June 2023.
  • An additional 50 advocates removed after the amendment, reflecting the enhanced efficiency of the verification process.
• The BCI’s approach highlights its proactive measures to safeguard the legal profession, emphasizing the importance of maintaining credibility and public trust.

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Legal Wires

Team @LegalWires