Between 2019 and October 2024, Bar Council of India (BCI) has removed 107 fake advocates from the Roll of Advocates in the State of Delhi as part of its ongoing effort to maintain the integrity and professionalism of the legal community.
The action, aimed at eliminating fake advocates and those who no longer meet the standards of legal practice, is being conducted under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.
An amendment to Rule 32 was notified on June 23, 2023. This amendment strengthened the verification framework, allowing BCI to more effectively and systematically identify and remove unqualified/fake advocates from the Roll.
Between 2019 and June 23, 2023, several thousand fake advocates were removed following thorough investigations into their credentials and practices. These removals were primarily due to issues involving fake and forged certificates and misrepresentation during enrolment. Additionally, advocates were removed due to failure to actively engage in law practice and non-compliance with the Bar Council's verification processes.
As per a BCI press release, with the amendment to Rule 32, the process has become significantly more efficient. The fake advocates are identified through continuous investigations conducted by the Bar Council and the High Powered Committee constituted by the apex Court in case of Ajay Shanker Srivastava Versus Bar Council of India & Anr. Some of the cases relating to forgery had been under review before the rule change, while others were addressed after the amendment.
The total of 107 latest removals reflects the combination of several hundreds of advocates being removed before June 23, 2023. 50 advocates have been removed after the amendment.
The release further states that in light of the scrutiny that is now in place, many advocates who are aware of their fraudulent or non-compliant status have preemptively surrendered their enrollment certificates, fearing exposure. However, BCI has urged all State Bar Councils to exercise caution when accepting such surrenders.
"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," it states.
[Read Press Release]