New Delhi [India], January 14 (ANI): The Bar Council of India (BCI) has taken cognizance of a deeply concerning report from Chaudhary Charan Singh University, Meerut, identifying 13 instances of fake law degrees.
Subsequent internal investigations suggest that this problem is systemic, with evidence pointing to over several hundred additional cases of fraudulent enrollments in Delhi alone. The prevalence of such practices constitutes a grave threat to the legal profession and warrants immediate corrective measures.
The Bar Council of India unequivocally directs all State Bar Councils to prioritize and complete a comprehensive verification process of all advocates on their rolls. Any instances of fake or fraudulent enrollment must be promptly referred to the Bar Council of India under Section 26(1) of the Advocates Act, 1961. Noncompliance with this statutory mandate will be treated as a dereliction of duty and may invite appropriate legal consequences.
Many Bar Councils have taken preliminary measures by identifying and removing advocates found to have enrolled on the basis of fake degrees. However, it is imperative to emphasize that under Section 26(1) of the Advocates Act, 1961, the statutory authority to remove an advocate from the rolls of any State Bar Council vests solely with the Bar Council of India. Such removals must follow a reference made by the respective State Bar Council, as prescribed under the Act. Any deviation from this statutory process undermines the authority of the Bar Council of India and violates the provisions of the Advocates Act, 1961, which must be adhered to without exception.
It is with regret that the Bar Council of India observes the widespread failure of some of the State Bar Councils, to initiate strong verification processes. Reports and evidence suggest that thousands of advocates across India may have enrolled using fake law degrees, forged academic certificates, or falsified qualifications. These fraudulent enrollments compromise the integrity of the legal profession and diminish public trust in the judiciary and legal institutions.
However, the concern is the conduct of some recognized and deemed universities that have been found issuing law degrees in violation of the norms established by the Bar Council of India. In certain instances, these institutions have turned legal education into a mere commercial transaction under the guise of education. Such unethical practices must be immediately eradicated to safeguard the sanctity of legal education and prevent further erosion of professional standards
The Supreme Court’s constitution of a High-Powered Committee on 10.04.2023 has provided crucial monitoring in enforcing the Bar Council of India’s verification framework. The Committee’s regular monitoring of the verification processes has addressed systemic delays in identifying nonpracticing advocates, verifying certificates, and preparing electoral rolls. This need for stringent supervision and transparency culminated in the amended Rule 32 on 26.06.2023, ensuring that only practicing advocates participate in Bar Council elections, thereby safeguarding the credibility and professionalism of the legal fraternity.
Rule 32 authorizes the Bar Council of India to extend the tenure of State Bar Council members to allow adequate time for verification and electoral preparation. The rule mandates the completion of verification within 18 months and elections within 6 months thereafter. Failure to comply results in the dissolution of State Bar Councils and the formation of Special Committees under Section 8A of the Advocates Act, 1961. This strong framework, reinforced by Supreme Court directives, has enhanced the Council’s ability to uphold transparency and accountability within the profession.
However, the Bar Council of India has noted with disapproval the conduct of certain educational institutions, including Chaudhary Charan Singh University, in delaying the issuance of verification reports and demanding verification fees before processing such requests. These actions are in blatant contravention of the directives of the Supreme Court, which categorically mandate that universities and educational institutions facilitate the verification process promptly, without imposing financial impediments. The Bar Council of India strongly directs Chaudhary Charan Singh University and all other universities to comply with these binding guidelines forthwith.
Press communication issued in this regards stated that the presence of fake lawyers in the rolls of State Bar Councils compromises the credibility of the electoral process for Bar Council elections. Allowing fraudulent entries to persist within the rolls undermines the democratic fabric of the Bar and renders the entire electoral process questionable. To uphold the sanctity of Bar Council elections, it is imperative that only genuine advocates form part of the electoral rolls.
The Bar Council of India reiterates that it is fully obligated to ensure the removal of unqualified and fake lawyers from the profession. It has directed all State Bar Councils to provide detailed reports on their verification processes, supported by concrete evidence, to enable appropriate action. The Bar Council of India will compile and submit a consolidated report on this matter to the Hon’ble Supreme Court.
The verification drive has also led to preemptive surrenders by advocates aware of their fraudulent status. This ensures that no individual evades accountability for actions that have harmed public trust and compromised the legal system. The Bar Council of India is addressing fraudulent enrollments at their root, paving the way for an ethical and transparent legal profession. (ANI)
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