Read Time: 07 minutes

Synopsis

The Delhi High Court on Thursday stated that the notification of the Bar Council of Delhi (BCD) mandating Aadhar Card and Voter ID address of Delhi NCR (National Capital Region) for future enrolments should be struck down immediately.

The bench of Justice Subramonium Prasad asked counsel for BCD as to how it could bar people, not residing in Delhi to get enrolled.

“How can you restrict persons of Delhi alone to register with the BCD? This notification needs to be struck down straightaway. You cannot restrict BCD membership to Delhi only,” the court said.

The single-judge bench added, “Suppose I am staying in Ramanathapuram, I stay in Silchar or Kachchh or Mehsana. What will I do? I have to earn my bread, come here and practice”. The bench added that Delhi is a good place to practice law and that is the reason people come here and there is absolutely nothing wrong with that.

Accordingly, the bench listed the matter for further consideration on August 9.

The plea filed by Shannu Baghel, a practicing Advocate in Delhi High Court and District Courts stated, “The impugned circular makes it mandatory upon the fresh graduates to have the Aadhar Card and Voter ID of the Delhi NCR region which is in contravention of the provisions of the Advocates Act and is discriminatory in nature being violative of the right to equality by creating a new class and artificial differentiation vis-a-vis the resident of Delhi and non-resident of Delhi for applying for the purpose of enrollment at Bar in Delhi”.

It stated that for many years young law graduates who come to Delhi from other parts of the country to pursue the noble profession of advocate were required to furnish the rental agreement for the purpose of residential proof in Delhi but the impugned circular mandates and dictates the fresh eligibility criteria, thereby creating a new class Delhi permanent resident and non-Delhi resident.

“Delhi is the National Capital of our country, being the Metro city is centric on the judicial system of the Country as the Apex court, High Court, and various National Tribunals are situated in Delhi, which attracts fresh law graduates from different parts of the country to pursue the profession herein”, the plea stated.

It further stated that various eminent jurists, advocates, and legal luminaries in the past have come to Delhi not as permanent residents but initially to pursue their education and further to opt for the legal profession vide being situated in Delhi.

The impugned notification stated:

“...all those law Graduates, who wish to apply for Enrolment with the Bar Council of Delhi shall be required to attach copy of Aadhaar Card and Voter ID Card of Delhi/NCR (National Capital Region) along with their respective Application and other documents and the Aadhaar Card and Voter ID Card must bear the address of Delhi or NCR. Henceforth no enrolment shall be done without the copy of Aadhaar Card and Voter ID Card bearing the address of Delhi / NCR.”

The plea alleged that the impugned notification is violative of Section 15 (Power to make rules) of the Advocates Act 1961. It also alleged that the impugned notification had “no nexus” with the purpose of the Act of 1961. Furthermore, the plea stated that BCD’s notification is also violative of Articles 14, 15, 16, and 19(1)(g) of the Constitution of India.

Case Title: Shannu Baghel v. Bar Council of Delhi and Anr.