Ajay Shankar Srivastava v.

Bar Council of India & Anr (2023) 6 SCC 144

Submitted by:

SACHIN RAJ

PRN: 21010224229.

Programme: BBA.LLB.

Division: C

Semester: V

Batch: 2021-26

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

Submitted to:

Ms. Kritika Ramaya

Assistant Professor

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

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 INDEX

Sr. no. Particulars Page no.

1. Cover Page 1

2. Index 2

3. Introduction 3

4. Issue 4

5. Rules 4

6. Argument from the petitioner 5

7. Argument from the respondent 5

8. Ratio 5-6

9. Judgement/analysis 6-8

10. interpretation applied by the hon’ble judge 8

11. Conclusion 9

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INTRODUCTION/BACKGROUND
In“2015, the Bar Council of India introduced the Bar Council of India Certificate and Place
of Practice (Verification) Rules 2015 (referred to as the "2015 Rules") 1. These rules were
aimed at verifying the credentials and places of practice of advocates in India. The
verification process began with the cooperation of State Bar Councils and the Bar Council of
India. Challenges to the 2015 Rules were raised in various High Courts, including the High
Court of Delhi. In response, the Bar Council of India filed a Transfer Petition in the Supreme
Court of India to consolidate these cases, and the proceedings from different High Courts
were transferred to the Supreme Court in a case known as Transferred Case (Civil) No 126 of
2015.To oversee the verification process, the Bar Council of India established a High
Powered Committee, which was led by a former Judge of the Supreme Court, two former
Judges of High Courts, and three members of the Bar Council of India. The verification
process faced difficulties due to universities demanding fees for verifying the educational
certificates of advocates. On March 1, 2017, a two-Judge Bench of the Supreme Court issued
a directive to all universities, instructing them not to charge fees for the verification of
educational certificates.”The verification“process took a considerable amount of time, as the
number of enrolled advocates increased from 16 lakh (1.6 million) at the time when the 2015
Rules were introduced to an estimated 25.70 lakh (2.57 million) at the present time. Majority
of the advocates enrolled with the state bar council have not submitted the verification forms
yet. Thus, it can be inferred that there are many advocates who have a fake certificates or
degrees. The Bar Council of India is justified in asserting that such persons have to be
identified and weeded out from the list of advocates enrolled with the Bar Councils. The
communication which was issued by the Bar Council of India on 1 November 2022 took
exception to the fact that the Bar Council of the State of Uttar Pradesh had started the process
of verification in a hurried manner without verifying the genuineness and validity of the
educational certificates and degrees of advocates. The letter adverts to the fact that
certificates of practice were being issued by the State Bar Council. Hence, all State Bar
Councils were directed not to proceed with the process of verification till further orders.

1
. The Bar Council of India introduced the Bar Council of India Certificate and Place of Practice
(Verification) Rules 2015 (referred to as the "2015 Rules")

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However, it was clarified that the State Bar Councils which are verifying the genuineness and
validity of degree certificates shall continue to do so.”

ISSUE
1. Whether“the office order dated 1 November 2022 issued by the Bar Council of India,
which purportedly interdicted the process of verification of advocates enrolled with the
State Bar Councils for scrutinizing the genuineness of their degrees and enrollments, is
legally valid?”

2. Whether the existing method of co-opting members to fill casual vacancies in the State
Bar Councils is in compliance with relevant legal provisions?

RULES
The Bar Council of India introduced the Bar Council of India Certificate and Place of
Practice (Verification) Rules 2015 (referred to as the "2015 Rules").
ARGUMENT FROM THE PETITIONER
Mr“Anand Nandan, counsel appearing on behalf of the petitioner has argued that the Bar
Council of India's communication dated November 1, 2022, apprehension regarding the State
Bar Council of Uttar Pradesh's hurried initiation of the verification process without
conducting thorough checks to confirm the legitimacy and validity of educational certificates
and degrees held by advocates. As a result, all State Bar Councils were directed to suspend
the verification process temporarily, pending further guidance, except for those already
engaged in verifying the authenticity and validity of degree certificates.”
ARGUMENT FROM THE RESPONDENT
According“to the Mr Manan Kumar Mishra, Senior Counsel on the behalf of the respondent
and the Chairperson of the Bar Council of India has clarified, during the course of the
submission, that the intent of the letter dated 1 November 2022 was not to direct the cessation
of the process of verification, but only to ensure that the process of verification was not
carried out merely on the basis of the certificates of practice issued by the State Bar Council
without verifying the genuineness and validity of degree certificates.”
RATIO
The“court recognizes the importance of verifying the credentials and qualifications of
advocates who are enrolled with State Bar Councils to preserve the integrity of the

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administration of justice. Advocates who lack the necessary qualifications or possess fake
degrees pose a serious threat to the administration of justice. The court acknowledges that the
process of verifying advocates has encountered challenges, including difficulties related to
charges demanded by universities for verifying educational certificates. In response to
concerns about the verification process, the court accepts the suggestion of the Bar Council of
India to constitute a High-Powered Committee to monitor the verification process. This
committee will be chaired by a former Judge of the Supreme Court and will include members
such as judges from the High Court, senior advocates, and representatives from the Bar
Council of India. The Committee is empowered to issue guidelines and directions to ensure
the proper verification of advocates, including their educational degree certificates and
certificates of enrolment. All State Bar Councils are required to comply with the Committee's
directions. The court instructs that all universities and examination boards should verify the
genuineness of educational certificates without charging any fees for this purpose. They are
also required to expedite the verification process. The Committee is expected to commence
work promptly and submit a status report to the court by August 31, 2023, regarding the
ongoing verification process. The court clarifies that the order to constitute the Committee
should not be construed as a direction to extend the existing terms of the Bar Councils.”
ANALYSIS
This“judgment focuses on the importance of verifying advocates' qualifications and
addresses concerns about the presence of unqualified individuals in the legal profession. It
establishes a committee to oversee the verification process and ensures that the integrity of
the legal profession is upheld. The Bar Council of India is concerned that many of these
advocates who haven't submitted their forms might not be qualified or may hold fake degrees.
The Bar Council of India argues that these individuals, lacking the necessary qualifications
for legal practice, sometimes enter the legal field for ulterior motives, including causing
disruptions. Therefore, the Bar Council of India believes it's necessary to identify and remove
such individuals from the list of enrolled advocates. Ensuring the proper verification of
advocates registered with the State Bar Councils is of utmost importance to maintain the
integrity of the justice system.” Individuals“who claim to be lawyers but lack the required
educational qualifications or valid degree certificates pose a significant threat to the
administration of justice for citizens. Thus, it is the responsibility of all genuine advocates in
the country to cooperate with the Bar Council of India in their efforts to verify practice
certificates and educational degree certificates. Without periodic verification, there is a risk

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that the administration of justice could be compromised. It has been noted that some such
individuals have even been elected to State Bar Councils and have held positions in the
district judiciary. The communication issued by the Bar Council of India on November 1,
2022, expressed concern that the State Bar Council of Uttar Pradesh had rushed into the
verification process without adequately confirming the authenticity and validity of advocates'
educational certificates and degrees. The letter also mentioned that certificates of practice
were being issued by the State Bar Council. Consequently, all State Bar Councils were
instructed to halt the verification process until further instructions, except for those that were
already verifying the genuineness and validity of degree certificates. Recognizing the gravity
of the situation and the direct impact that enrolling individuals with fake degrees and
inadequate qualifications has on the administration of justice, it has been decided to form a
High-Powered Committee to oversee the verification process. This committee will be chaired
by a former Judge of the Court and will consist of two High Court Judges, two senior
advocates, and three members of the Bar Council of India. This suggestion has been accepted
by the Bar Council of India. The committee comprises of:
I. Mr Justice Deepak Gupta, former Judge of the Supreme Court;
II. Mr Justice Arun Tandon, former Judge of the High Court of Judicature at Allahabad;
III. Mr Justice Rajendra Menon, former Chief Justice of the High Court of Delhi;
IV. Mr Rakesh Dwivedi, Senior Advocate; and
V. Mr Maninder Singh, Senior Advocate.”
INTERPRETATION APPLIED BY THE HON’BLE JUDGE
The hon’ble“Chief justice of India Justice D.Y Chandrachud interpretation and decision in
this judgment primarily revolve around the importance of verifying the qualifications of
advocates, maintaining the integrity of the legal profession, and establishing a monitoring
mechanism to ensure the verification process is carried out effectively and fairly. It agrees
with the Bar Council of India's suggestion to constitute a High-Powered Committee to
monitor the verification process. The Committee will be chaired by a former Supreme Court
Judge and include members from the High Courts, senior advocates, and the Bar Council of
India. The Committee's responsibilities include issuing guidelines, ensuring compliance with
verification directives, and reporting progress. All State Bar Councils must adhere to the
Committee's directives and provide reports of their compliance. Universities and Examination
Boards are required to verify the authenticity of educational certificates without imposing any
fees for verification. They should promptly respond to the Bar Councils' requests and submit

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verification reports promptly. The Committee have to be initiate its work at their earliest
convenience, scheduling their first meeting at a mutually suitable date and time. Additionally,
a progress report on the ongoing process be submitted to this Court by August 31, 2023.”

CONCLUSION OF THE CASE

In“conclusion, the case addresses the crucial issue of verifying the qualifications and
credentials of advocates enrolled with State Bar Councils in India. The judgment recognizes
the significance of maintaining the integrity of the legal profession and the administration of
justice by ensuring that only qualified individuals practice law. To address concerns about the
verification process, the Court accepts the Bar Council of India's proposal to establish a High-
Powered Committee to oversee the verification process. This committee, led by a former
Supreme Court Judge, will consist of members from the judiciary, senior advocates, and the
Bar Council of India. Their role is to issue guidelines, monitor compliance, and ensure that
the verification process is carried out effectively and fairly. The judgment also emphasizes the
importance of universities and examination boards cooperating by verifying educational
certificates without charging fees, thereby expediting the process. Ultimately, the Court's
decision aims to strengthen the legal profession's credibility by weeding out unqualified
individuals and maintaining the standards of legal practice, thereby upholding the principles
of justice and fairness in the legal system. The Committee is expected to initiate its work
promptly and submit a progress report by August 31, 2023, ensuring that the verification
process proceeds efficiently and effectively.”The case is listed for further hearing on 11
September 2023.