In an effort to maintain integrity and professionalism, the Bar Council of India has removed 107 Advocates enrolled in the State of Delhi between the piriod of 2019 and 2024. The decisive action is aimed to eliminate fake advocates and those who no longer meet the standards of legal practice.
The process is being conducted under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, with a critical amendment to Rule 32 being notified on 23rd June 2023. This amendment further strengthened the verification framework, allowing the Bar Council to more effectively and systematically identify and remove unqualified/fake advocates from the Roll. The amended rule has proven to be a crucial step in creating a legal profession built on transparency and accountability.
Between 2019 and 23rd June 2023, several thousands of fake advocates were removed after a thorough investigation into their credentials and practices. These removals are largely due to issues of fake and forged certificates, and misrepresentation during enrolment. Besides, failure to actively practice law, and non-compliance with the Bar Council's verification processes also make Advocates names removed from the active practice.
The fake advocates are identified through continuous investigations conducted by the Bar Council and the High Powered Committee constituted by the Hon'ble Apex Court in case of Ajay Shanker Srivastava Versus Bar Council of India && Anr. in W.P. No. 82 of 2023. Some of the cases relating to forgery had been under review before the rule change, while others were addressed after the amendment.
These removals further underscore the Bar Council's long-term commitment to ensuring that the Roll of Advocates includes only those who are genuinely qualified and actively practicing.
“It is essential that fake advocates are not allowed to walk away without being 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 determine the authenticity of their enrolment before allowing a surrender. While such advocates may be barred from practicing law immediately, the process of complete surrender should only be finalized after thorough scrutiny and verification,” a press release issued by Bar Council of India states.
Additionally, BCI has also mentioned that many universities have informed State Bar Councils that they are uncovering more fake advocates during the process of scrutinizing academic degrees. These universities have been collaborating closely with the State Bar Councils, and it is anticipated that in the near future, over several hundred more advocates could be removed from the Roll.
"Once universities complete their degree verification processes and submit their findings to the State Bar Councils, and these councils forward the information to the Bar Council of India, further action is to be taken. The election to the various State Bar Councils where it is due, are to be held only after the removal of all the fake and forged degree holders. and the non-practitioners as per Rule 32. The Hon'ble Apex Court has laid stress on the effective implementation of the Verifications Rules," it states.
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