The Bar Council of India (BCI) has issued an urgent directive to all State Bar Councils to commence a comprehensive verification of advocates registered on their rolls. This action follows a disconcerting revelation from Chaudhary Charan Singh University in Meerut, which uncovered 13 cases of fake law degrees. Further scrutiny suggests a more extensive problem, potentially involving hundreds of cases in Delhi alone.
The exposure of these fraudulent qualifications poses a significant threat to the integrity of the legal profession and has triggered a nationwide audit of legal credentials. Under Section 26(1) of the Advocates Act, 1961, the BCI has made it clear that failure to report or address these fraudulent practices will be viewed as a serious breach of duty, inviting severe legal repercussions.
The process of identifying and disqualifying advocates with counterfeit degrees is underway. However, the BCI emphasized that only it holds the statutory power to remove an advocate from the rolls, based on a referral from state councils. Any deviation from this prescribed procedure not only undermines the authority of the BCI but also contravenes the Advocates Act.
The BCI expressed its disappointment over the ineffective verification mechanisms previously in place at several State Bar Councils. Reports suggest that the malpractice might involve thousands, with fake degrees, forged academic documents, and falsified credentials widespread across the country. This crisis jeopardizes public trust in the judiciary and undermines the professional standards expected within the legal field.
Particular concern was raised regarding certain recognized and deemed universities, which have been found issuing law degrees contrary to norms, reducing legal education to mere commercial transactions. The BCI calls for immediate rectification of these practices to maintain the dignity and standards of legal education.
Supporting these efforts, a High-Powered Committee established by the Supreme Court on April 10, 2023, is overseeing the BCI’s verification process. This includes addressing delays in certificate verification and electoral roll preparation. The amended Rule 32, effective June 26, 2023, stipulates that only practicing advocates can vote in Bar Council elections, ensuring the credibility of the electoral process.
Moreover, the BCI criticized Chaudhary Charan Singh University for delaying the verification reports and for imposing fees for processing these verifications, a practice deemed against Supreme Court guidelines that demand prompt and free verifications.
A recent BCI press release highlighted the detrimental effect of fraudulent advocates on the integrity of Bar Council elections, emphasizing the urgent need to cleanse the rolls of such illicit entries to safeguard the democratic processes of the Bar.
The BCI remains resolute in its commitment to purge the legal profession of unqualified and deceitful practitioners. It has called for all State Bar Councils to submit thorough verification reports backed by solid evidence, ensuring that only legitimate advocates practice law. This initiative has already led to voluntary surrenders by some advocates, acknowledging their discrepancies, and thereby restoring accountability within the system.
