Verification of Advocates and Bar Council Elections: Supreme Court Directs Immediate Action

The case of Ajayinder Sangwan & Ors. vs. Bar Council of Delhi & Ors. pertains to the steps taken by the Bar Council of India (BCI) to verify the credentials of lawyers and eliminate fake advocates from its rolls. The Supreme Court was required to determine whether the verification process should be expedited and whether the pending State Bar Council elections could proceed.

Background of the Case

The case arose from multiple petitions regarding the Certificate and Place of Practice (Verification) Rules, 2015 introduced by the BCI. The purpose of these rules was to ensure that all practicing advocates were duly enrolled and that fake lawyers were eliminated from the system.

While the verification process was underway, the elections to various State Bar Councils were postponed, leading to legal challenges from advocates who wished for the elections to be conducted without further delay.

The Supreme Court was called upon to decide:

• Whether the verification process should be given more time or completed immediately.
• Whether the delay in conducting Bar Council elections was justified.
• Whether a retired Supreme Court judge should oversee the verification process to ensure transparency.

Legal Issues

The Supreme Court examined the following key legal issues:

• Whether the verification process undertaken by the Bar Council of India should be expedited.
• Whether the elections to the State Bar Councils should proceed immediately or be postponed until verification is complete.
• What measures should be taken to ensure transparency and fairness in the verification process.

Arguments by the Petitioners (Ajayinder Sangwan & Others)

The petitioners, represented by senior counsel, contended:

• The delay in the verification process was causing unnecessary disruption in the legal profession.
• The elections to the State Bar Councils should be conducted immediately, irrespective of the verification process.
• Advocates whose certificates were pending verification should not be denied participation in elections.

Arguments by the Respondents (Bar Council of Delhi & Ors.)

The respondents countered:

• The verification process was essential to eliminate fake lawyers and ensure that only genuine advocates participated in elections.
• The delay was due to logistical challenges and lack of cooperation from universities in verifying law degrees.
• To ensure fairness, elections should only be conducted after the verification process is completed.

Supreme Court Judgment

The Supreme Court ruled in favor of an expedited verification process while also directing that Bar Council elections be held as soon as possible. The key observations made by the Court were:

• The verification of advocate credentials must be completed within a fixed timeframe to prevent further delays.
• A retired Supreme Court judge would be appointed to oversee the verification process to ensure transparency.
• State Bar Councils must publish a final electoral roll including only verified advocates.
• The Bar Council of India must declare the election schedule within one week of completing the verification process.

Observations of the Supreme Court

The Court stated:

“The process of verification must be concluded within the timeline prescribed to avoid any unnecessary delay in holding elections.”

Additionally, the Court ruled:

“A retired Supreme Court judge shall oversee the verification process to ensure that it is conducted fairly and transparently.”

Conclusion

The Supreme Court’s ruling ensures that the Bar Council verification process is completed in a timely manner while also allowing elections to be conducted fairly. The judgment highlights:

• The necessity of verifying legal practitioners to eliminate fake advocates.
• The importance of conducting Bar Council elections without undue delay.
• The role of judicial oversight in maintaining transparency and fairness.

This decision sets a crucial precedent in ensuring integrity in the legal profession while balancing the rights of practicing advocates.

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Download Judgment: Ajayinder Sangwan & vs Bar Council of Delhi Supreme Court of India Judgment Dated 23-08-2017.pdf

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