AJAY SHANKAR SRIVASTAVA versus BAR COUNCIL OF INDIA & ANR

Citation: [2023] 6 S.C.R. 505 · Decided: 10-04-2023 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Directions issued

Judgment (excerpt)

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AJAY SHANKAR SRIVASTAVA
v.
BAR COUNCIL OF INDIA & ANR.
(Writ Petition (Civil) No. 82 of 2023)
APRIL 10, 2023
[DR. DHANANJAYA Y CHANDRACHUD, CJI,
PAMIDIGHANTAM SRI NARASIMHA AND
J. B. PARDIWALA, JJ.]
Bar Council of India Certificate and Place of Practice
(Verification) Rules, 2015 – Verification of certificates of practice
and educational degrees – Petitioner challenged an office order
dated 01.11.2022 of the Bar Council of India to all the State Bar
Councils, the purport of which (according to the petitioner) was to
interdict the process of verification of advocates who are enrolled
with the State Bar Councils for scrutinizing the genuineness of their
degrees and enrollments – Held: The Bar Council of India
apprehends that many advocates who have not submitted their forms
for verification are persons who are not qualified or are “in
possession of fake degrees” – Therefore, the Bar Council of India
is justified in asserting that such persons have to be identified and
weeded out from the list of advocates enrolled with the Bar Councils
– The due verification of advocates who are enrolled with the State
Bar Councils, is of utmost importance to preserve the integrity of
the administration of justice – According to Bar Council of India,
the intent of the letter dated 01.11.2022 was not to direct the cessation
of the process of verification, but only to ensure that the process of
verification was not carried out merely on the basis of the certificates
of practice issued by the State Bar Council without verifying the
genuineness and validity of degree certificates – Having regard to
the larger dimensions of the matter, a High Powered Committee should
be constituted to monitor the process of verification – Such a High
Powered Committee should be chaired by a former Judge of this
Court and its members should consist of: (i) two Judges of the High
Court; (ii) two senior advocates; and (iii) three members of the Bar
Council of India.
[2023] 6 S.C.R. 505
505
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SUPREME COURT REPORTS
[2023] 6 S.C.R.
Issuing directions, the Court
HELD: 1. The Bar Council of India apprehends that many
advocates who have not submitted their forms for verification
are persons who are not qualified or are “in possession of fake
degrees”. The Bar Council of India has submitted and, with
justification, that this class of persons, without the possession of
qualifications required for law practice, is known to enter upon
the arena of courts for extraneous purposes, including the
disruption of work. The Bar Council of India is justified in
asserting that such persons have to be identified and weeded out
from the list of advocates enrolled with the Bar Councils. [Para
9][509-E-F]
2. The due verification of advocates who are enrolled with
the State Bar Councils, is of utmost importance to preserve the
integrity of the administration of justice. Persons who profess to
be lawyers, but do not either have the educational qualifications
or degree certificates on the basis of which they could have
lawfully granted entry to the Bar, pose a grave danger to the
administration of justice to citizens. Hence, it is the duty of every
genuine advocate of the country to ensure that they cooperate
with the Bar Council of India which is seeking to ensure that the
certificates of practice are duly verified, together with the
underlying educational degree certificates. Unless this exercise
is carried out periodically, there is a danger that the administration
of justice would be under a serious cloud. [Para 10][509-G-H;
510-A-B]
3. The intent of the letter dated 1 November 2022 was not
to direct the cessation of the process of verification, but only to
ensure that the process of verification was not carried out merely
on the basis of the certificates of practice issued by the State Bar
Council without verifying the genuineness and validity of degree
certificates. [Para 12][510-E]
4. Having regard to the larger dimensions of this matter
and the direct impact which the enrollment of fake degree holders
and other persons who are not found to be in possession of the
qualifications required for entry into the Bar have on the
administration of justice, this Court accedes to the suggestion of
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the Bar Council of India that a High Powered Committee should
be constituted by this Court to monitor the process of verification.
In view of this Court, such a High Powered Committee should
be chaired by a former Judge of this Court and i

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