Ajay Shankar Srivastava V. Bar Council of India & Ors.
CASE COMMENTARY
CITATION:6 SCC 144
Ajay Shankar Srivastava (Petitioner)
vs
Bar Council of India (Respondent)
Writ Petition Civil No. 82 of 2023
BENCH: Honourable Dr D.Y Chandrachud
Justice P.S. Narasimha
J.B Pardiwala
JUDGEMENT DATE: April 10,2023
INTRODUCTION
The plaintiff who is by profession an advocate and in the year 2015 a rules passed by the Bar Council of India (BCI) so,the plaintiff file Writ petition against the BCI related the issues like rules for verification process and for having fake degrees and verification duo to all the states so,the every Advocate can serve their best for their client with honesty but Advocate Ajay Shankar Srivastava and others Advocate felt like if it will imply then it might can affect them in many aspects questioning on their dignity.
This case is about all the fake lawyers across the country as currently total more than 16,00,000 advocate enrolled at BCI and whereby there are total 25,00,000 of lawyers or the advocates are enrolled in total so it means approx 9,00,000 of people are either who haven’t submitted their verification form in a manner they also considered as Fake degree.[2]
BACKGROUND:
As this case focuses on the implementation of the Rules which been initiated by the Bar Council of India whereby, there aim to provide the justice system and Ajay Shankar Srivastava and few other Advocate who against of these Rules as it might interrupt and waste of their quality of time in court rather than implementing such rules
FACTS
By profession the Petitioner who is an “Advocate” named Ajay Shankar Srivastava who enrolled as a Bar Council of India member whereby he used to feels like if implementing the rule Bar Council of India [3]certificate in place of practice verification rule,2015 making them hurtled to work in a court as it can lead them disturbing and distract from proper work of justice system.
As it will result to slow down in the justice system and would make a problem for the Advocates who are doing practice in their respective Court and is it really necessary to implement those rules and certificate?
Under it, means that persons practising Law without proper qualification pose grave danger to administration of Justice.
Universities and Examination are taking verification of the genuine by charging money in exchange of genuine Advocate. So it must be provided and Verified without any charge. [4]
It will make difficulties to handle the client and the relationship between the Client and Advocate would get hampered which will lead to negative impact on the society as well as the Court of Law to work accordingly with it.[5]
ISSUES RAISED
· Is it necessary for the State Bar council of India to verification of the document means of certificate and place of practice?
· Process of filing is disturbing them to work in a proper justice system
· Fees are taken in name of charges for the verification is it fair or unfair?
ARGUMENT
PETITIONER:
Under it,the petitioner focus on that if the Rules of Verification would done then somehow it will led impact on the relation between Client and Adv[6]. And somehow it would mean that they would be having Trust Issues and on the character of that Advocate and make to feel ashamed or embarrassed in such a way by making them cancelling of their Practising Licence.
Whereby he emphasized that the it will take time which will make hurdle and will lead to Negative impact on the clients towards the court and towards the advocate.
It will keep mentally disturbed to all the advocates and they wont be able to focus on the work as they are against the implication of the BCI place of practice verification rules 2015 they feels that if they could take time problem for the client and advocate as less time with client.
As itself the justice system is already slowed down and if it would implement it would take more time which will make to work justice system more slow down and the justice would won’t able to reach to the common citizens of the people.
RESPONDENT:
Here, the Respondent is Bar Council of India (BCI)
According to them, Bar Council of India certificate and place of practice verification rules,2015 if it would be implemented then under it there would be lawyers who are practicing with having fake degrees or with the Universities which are not Affiliated with the BCI of India.they cannot be able to work and if the rules should be implemented then it would be easy for the justice system and for all the common people who are having practice in the court with the fake degrees.
certificate of BCI[7] practicing under advocate by the place of Practising.
degree of proper certificate of Higher Education from which the lawyer passed out from and University must be recognised.[8]
The Respondent trying to clarify that they didn’t had any intent to questioning anyone personally but we are ensuring that Lawyers must to entitled and to be verified for better Justice System.
All the Law Institutions and Universities must be affiliated with BCI in order to have original Degree and it must be Recognized and deemed to be .Lawyers is genuinely having advocacy with the proper certificate of practicing under the state through which they enrolled.
It will emphasise that there are 9,00,000 during the year 2015 from BCI the rules passed that BCI certificate in place of certificate whereby the lawyers who is just completed their degree must need to verify these things and there would be charges or can say they need to pay the fee so that the verification process should be done accordingly through it whereby the charges are made according to it.
All those who have not enrolled or having the fake degree and those who haven’t submitted the form of their verification things or documents so according to the rules of 2015 which made by the Supreme Court of India.
JUDGEMENT:
The Supreme Court of India make some changes for the BCI for that thing which are under the following
All universities and exam boards and also the Advocates degree must be verify without paying a single rupees or a charges which will be requisition by state Bar Council of India would be proceed without undue delay.
Under it those who not having judicial process who don’t have proper academic qualification will not be allowed to practice in a court either in a District Court either in a Supreme Court or any court they would be banned from all of this Court to work under it and Licence would get suspended
Duty of every genuine advocate to cooperate with BCI so that all the certificate of practicing dually verified together with the underlying educated degree certificates whereby they would be focusing that all the document and the verification would be done genuinely and only the genuine advocates in the honest advocate who have submitted their form and verified their documents would be only liable to work in a court.
As the court constituted a High Powered Committee for solving this matter because as its not an easy task to do that because it needs a highly intellectual things to make this proper work that’s why the Supreme Court authorised a high power committee so that they can handle Duo process Verification of Highly Educated Certificate and Place of Practise Certificate.[9]
COMMENT:
It will implement among all law students who are pursuing their career in Legal Field as it is mandatory to all those students to kindly look up to that either there Institutions or Universities is affiliated by the Bar Council of India(BCI) or not,otherwise there degree would be considered as Fake & void to practice in any State of India. And if found practice can terminate their Job.
According to the survey Bar Council of India, they found out that there are a lot of Law Students who have completed their courses who considered themselves as lawyer having fake degrees and still practicing in a Court and even doing judicial process things likewise in Supreme Court or in High Court and they still working as a part of a member of Advocates and taking Cases in Court of their respective matter disputes[10]. and those lawyers enrolled with fake certificates and with fake degrees.[11] Verification of their Law Degress must needed to be verified after the completion of course so that once can practice as a Genuine Advocate.
Lawyers who haven’t not give the verification form would be not qualified to practice Law in a court. Law Degree of all lawyer must be verified so that they can enroll as a member of the State Bar council of India so that they can practice all over India or either any of the State Bar council of India.
CONCLUSION:
Currently the scenario is advocates or lawyers having fake degrees but still practicing in court without having proper degree which lead to the unfair for the citizens or for the people who going to them by trusting them for having justice but be honest how someone can trust if the lawyer itself wont be having a proper certificate or a degree then it will slow down the administration of Justice system.
Advocates are misusing in doing practice in wrong way that’s why BCI of India implements the rule of verifying the degree of the lawyers of their Educational degree and of place of where they are practicing. Where they been enrolled too any State Bar council state and submission of the original certificate to verify for the document so that the advocate can be genuine and under it they Lawyer must be genuine and have to cooperate with the Bar Council of India rules & Regulations.[12]
so that everyone can trust to advocate so that later on advocate can never be questioned related to their professional either having any kind of fake degrees or whatever the question would arise.
So, the step of implementing would be helpful for the society and to maintain a positive relationship between the Clients and Advocate in Court of Law for the court for the justice system would be work in a more nicer way in a court of law and to maintain the uniformity and to make administrative of justice in a good and so that common Citizen can rely on the Advocates for their cases.
REFERENCES
[1] Ajay Shankar Srivastava vs.Bar Council of India and Ors (2023) 6 SCC 144
[2] Kanu Sarda “12 Lakh Fake Lawyers plague India's courts” 5th Feb,2017 https://www.newindianexpress.com/thesundaystandard/2017/Feb/05/12-lakh-fake-lawyers-plague-indias-courts-1567019.html Accessed on 29th Oct,2024
[3] Bar Council of India Certificate and Place of Practice (Verification) Rules 2015
[4] Verification of Universities must be free
[5] https://www.advocatekhoj.com/library/judgments/announcement.php?WID=16320 (Accessed on 29th Oct,2024)
[6] Advocate
[7] Bar Council of India (BCI)
[8]The Leaflet “persons practising law without proper qualifications pose grave danger to administrative of Justice: Supreme Court (April 14,2023) https://theleaflet.in/persons-illicitly-practicing-law-without-qualifications-pose-grave-danger-to-administration-of-justice-supreme-court/ Accessed on 29th Oct,2024
[9] Pragativadi News Service “Supreme Court’s Form to verify lawyers Degree” 10th April,2023 https://pragativadi.com/supreme-court-forms-panel-to-verify-lawyers-degree/ Accessed on 29th October 2024
[10] Varsha “Law Degrees of all to be Verified: SC Constitutes Committee” April 11,2023 https://bnblegal.com/news/law-degrees-of-all-lawyers-to-be-verified-sc-constitutes-committee/#:~:text=In%20a%20significant%20development%2C%20Supreme,court%20judge%20Justice%20Deepak%20Gupta. Accessed on 29th Oct,2024
[11] Deemed to have Fake College Degree
[12] https://www.aninews.in/news/national/general-news/bci-removes-107-fake-advocates-from-delhi-roll-to-uphold-legal-integrity20241026222320/ Accessed 29th October,2024