Plea Before Supreme Court Seeks BCI Framework To Cull Out Fake Advocates

A plea has been filed before the Supreme Court of India seeking to direct Bar Council of India to formulate and implement, within a time-bound framework, a uniform nationwide mechanism for verification and authentication of advocate enrolment records, educational qualifications and status of practice, in coordination with all State Bar Councils.

The plea filed by Yogamaya MG also seeks to direct Bar Council of India, to prepare and maintain on its website a consolidated, privacy-compliant national database of verified advocates containing professional identification details and verification status, subject to appropriate safeguards against misuse of personal data;

Urgent judicial intervention has been sought in view of serious concerns affecting administration of justice arising from reported deficiencies in verification processes, alleged existence of fake, forged or unverifiable educational credentials among enrolled advocates and absence of transparent nationwide mechanisms for authentication of enrolment and qualifications.

"...continued regulatory opacity concerning enrolment authenticity, verification status and disciplinary oversight, if left unaddressed, has the potential to adversely affect fair access to justice, lawful legal representation, public confidence in judicial institutions and rights protected under Articles 14 and 21 of the Constitution of India," the petition argues.

The plea cites recent statements reportedly made by the leadership of the Bar Council of India, its Chairman Manan Kumar Mishra, indicating that a considerable percentage of persons enrolled or practising as advocates may possess fake, forged, or unverifiable educational credentials, and that a substantial number have not completed the prescribed verification processes.

Misra had recently said that around 35-40% advocates of those practicing in the court are fake. He further stated that when BCI initiated the process to verify degrees, about 40% of the advocates did not fill up the verification form and therefore, these 40% advocates are suspected to be fake.

The responsibility of the Bar Councils to identify fake advocates and deficiencies in verification mechanisms

"Reports of removal of fake advocates from enrolment rolls in various States further indicate that the issue is neither isolated nor hypothetical, but one having systemic implications affecting the legal profession and justice delivery mechanism....the concerns regarding fake educational qualifications, irregular enrolments, and deficiencies in verification mechanisms among practicing advocates directly affect the administration of justice, institutional credibility, and public confidence in the legal profession," the petition filed through AOR Deepak Prakash states.

It is thus sought that State Bar Councils should place before the Court status reports indicating the total number of:

i. Enrolled advocates;
ii. verified advocates;
iii. pending verification cases;
iv. cancelled or suspended enrolments;
v. cases involving forged, doubtful or unverifiable qualifications; and
vi. steps undertaken or proposed for completion of verification exercises;

The petition further seeks that BCI should file periodic compliance and progress reports before the Supreme Court at such intervals as may be deemed appropriate, indicating implementation status of verification measures undertaken by State Bar Councils.

Constitution of an appropriate independent monitoring mechanism/committee, comprising persons of requisite expertise, to oversee implementation of verification processes, ensure regulatory accountability and submit periodic/annual reports before the Supreme Court has also been sought.

Case Title: MS. YOGAMAYA M.G. vs. UNION OF INDIA & ORS.