The Bar Council of India (BCI) initiated a nationwide verification process for advocates in response to increasing cases of fake law degrees. This step aims to uphold the integrity of the legal profession by identifying and eliminating fraudulent practitioners. The BCI emphasized the importance of ensuring that only qualified and genuine advocates practice law in India.
The Bar Council of India (BCI) responded to a troubling report from Chaudhary Charan Singh University, Meerut, which identified 13 instances of fake law degrees.
Internal investigations indicate that this issue may be systemic, with evidence suggesting hundreds more cases of fraudulent enrollments in Delhi alone. Such practices represent a serious threat to the legal profession and necessitate immediate corrective action.
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The BCI has directed all State Bar Councils to prioritize and complete a thorough verification process of all advocates on their rolls. Instances of fake or fraudulent enrollment must be reported to the BCI under Section 26(1) of the Advocates Act, 1961. Failure to comply with this requirement will be considered a dereliction of duty and could lead to legal consequences.
While many Bar Councils have started identifying and removing advocates with fake degrees, it’s crucial to note that only the BCI has the statutory authority to remove an advocate from any State Bar Council’s rolls under Section 26(1). Such removals must follow a reference from the respective State Bar Council, as outlined by the Act. Any deviation from this process undermines the BCI’s authority and contravenes the Advocates Act, 1961.
The BCI expressed regret over the failure of some State Bar Councils to implement effective verification processes. Evidence suggests that thousands of advocates across India may have enrolled using counterfeit law degrees, forged academic certificates, or falsified qualifications, compromising the integrity of the legal profession and eroding public trust in the judiciary.
The BCI is particularly concerned about some recognized and deemed universities that have issued law degrees in violation of established norms. In some cases, these institutions have commodified legal education, treating it as a commercial transaction rather than a serious educational endeavor. Such unethical practices must be swiftly eradicated to preserve the integrity of legal education and uphold professional standards.
The Supreme Court’s establishment of a High-Powered Committee on April 10, 2023, has been pivotal in overseeing the BCI’s verification framework. This Committee’s regular monitoring has addressed systemic delays in identifying non-practicing advocates, verifying certificates, and preparing electoral rolls.
The need for stringent oversight has led to the amended Rule 32 on June 26, 2023, ensuring that only practicing advocates participate in Bar Council elections, thereby maintaining the credibility of the legal profession. Rule 32 allows the BCI to extend the tenure of State Bar Council members to provide adequate time for verification and electoral preparation, mandating that verification be completed within 18 months and elections held within the following six months. Noncompliance can result in the dissolution of State Bar Councils and the formation of Special Committees under Section 8A of the Advocates Act, 1961.
However, the BCI has criticized certain educational institutions, including Chaudhary Charan Singh University, for delaying verification reports and demanding fees for processing these requests. Such actions violate Supreme Court directives, which require universities to facilitate verification promptly and without financial barriers. The BCI has strongly directed Chaudhary Charan Singh University and all other universities to comply with these guidelines immediately.
A press release from the BCI noted that the presence of fake lawyers in the rolls of State Bar Councils undermines the credibility of the electoral process for Bar Council elections. Allowing fraudulent entries to persist threatens the democratic integrity of the Bar and calls into question the entire electoral process. To protect the sanctity of Bar Council elections, it is essential that only legitimate advocates are included in the electoral rolls.
The BCI reiterates its commitment to removing unqualified and fraudulent lawyers from the profession. It has instructed all State Bar Councils to submit detailed reports on their verification processes, supported by concrete evidence, to facilitate appropriate action. The BCI will compile and present a consolidated report on this matter to the Supreme Court.
The verification initiative has already resulted in voluntary surrenders by advocates aware of their fraudulent status, ensuring accountability for actions that have undermined public trust and compromised the legal system. The BCI is addressing these fraudulent enrollments at their source, working toward a more ethical and transparent legal profession.
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