Restoring Integrity: Bar Council of India Eradicates 107 Fake Advocates In Major Legal Clean-Up

(Judicial Quest News Network)

In a significant move to uphold the integrity of the legal profession, the Bar Council of India (BCI) has taken decisive action against fraud in the legal community by removing 107 fake advocates from the Roll of Advocates in Delhi between 2019 and October 2024. This initiative is part of an ongoing effort to protect the public trust and ensure that the legal system remains free from unethical practices.

The removals are part of a comprehensive verification process governed by Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. A crucial amendment to this rule, enacted on June 23, 2023, has significantly enhanced the BCI’s capacity to systematically identify and eliminate unqualified or fraudulent advocates. This strengthened verification framework underscores the BCI’s commitment to fostering a legal profession characterized by transparency and accountability.

Between 2019 and June 2023, the BCI conducted thorough investigations, leading to the removal of thousands of fake advocates, many of whom were discovered using forged certificates or misrepresenting their credentials during enrolment. Other advocates faced removal for failing to actively practice law or for non-compliance with the Bar Council’s verification processes. However, the amendment to Rule 32 has markedly streamlined these efforts, enabling a more efficient response to cases of fraud.

The effectiveness of the updated Rule 32 was bolstered by a Supreme Court ruling in the case of Ajayinder Sangwan & Others Versus Bar Council of Delhi. This ruling not only legitimized the rule’s implementation but also facilitated swifter action against non-compliant advocates, enhancing the Bar Council’s ability to safeguard the integrity of the legal profession.

The identification of fake advocates has been facilitated through ongoing investigations by the BCI and a High-Powered Committee established by the Supreme Court. Some cases of forgery were addressed before the amendment, while others were identified after. The recent removal of 107 advocates reflects a cumulative effort, including several hundred removals prior to June 23, 2023, and highlights the progress made in the verification process.

The stark difference in removal rates before and after the amendment serves as a testament to the success of the new verification framework. The increased efficiency has bolstered public trust in the legal system, demonstrating the BCI’s commitment to ensuring that only qualified and practicing lawyers represent the public.

Amid the heightened scrutiny, many advocates aware of their fraudulent or non-compliant status have opted to surrender their enrolment certificates to avoid exposure. However, the BCI urges caution among State Bar Councils when accepting these surrenders. It is essential that fake advocates are held accountable for their actions, as their deception has compromised the justice system. State Bar Councils are required to conduct thorough investigations to verify the authenticity of enrolment before accepting any surrender.

Furthermore, universities across the country have begun reporting instances of fake advocates as they scrutinize academic degrees more rigorously. This collaboration is expected to lead to the removal of hundreds more advocates in the near future. Once these universities complete their verification processes and share their findings with State Bar Councils, further actions will follow. Importantly, elections for various State Bar Councils will only be held after the removal of all advocates with fraudulent or forged degrees, as emphasized by the Supreme Court.

The Bar Council of India is committed to working closely with State Bar Councils to ensure the verification process remains rigorous and effective. By focusing on the removal of unqualified or fake advocates, the BCI aims to build a legal profession that the public can trust. This initiative not only reinforces the ethical standards of the legal community but also enhances the credibility of the legal profession as a whole, ensuring that only qualified practitioners are allowed to represent the interests of the public.