In a critical move to uphold the integrity of the legal profession, the Supreme Court of India has expressed grave concerns over the prolonged delays in verifying law degrees and enrolments of advocates by the Bar Councils. This issue was highlighted during a hearing on January 24, where Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K.V. Viswanathan, emphasized the urgency of expediting the verification process.
The Bar Council of India (BCI) had sought to transfer cases regarding the verification of advocates’ credentials, but the Court’s focus shifted to the broader issue of accountability in the profession.
The Core Concern: Integrity in Advocacy
The verification of advocates’ credentials is not merely an administrative task; it is vital to safeguarding the reputation of the legal profession. The prevalence of fake lawyers—individuals practicing law without valid qualifications—poses a significant threat to the judicial system and public trust.
Chief Justice Khanna highlighted the seriousness of this matter, stating, “It is a very serious thing. The verification drive must be expedited. There has to be a timeline for this.” The bench stressed that delays in the verification process undermine confidence in the legal profession and must be addressed swiftly.
Current Status and Challenges
Senior Advocate R. Balasubramanian, representing the BCI, explained that the verification process is conducted state-wise, which has contributed to the delays. Recognizing these challenges, the Supreme Court directed the BCI to submit an updated status report within eight weeks.
This directive follows a significant order from April 2023, when a bench led by then-CJI D.Y. Chandrachud called for the creation of a High-Powered Committee to oversee the verification process. Despite this initiative, the pace of progress remains sluggish, prompting the Supreme Court to reiterate the need for urgent action.
Why This Matters
- Public Trust in the Legal System:
The existence of fake lawyers erodes public confidence in the judiciary, as individuals without proper qualifications may lack the competence to represent clients effectively. - Professional Ethics and Accountability:
Advocates are bound by a code of ethics that demands honesty and integrity. Ensuring that only qualified individuals are enrolled upholds these principles. - Efficient Justice Delivery:
Qualified advocates are essential for the fair and timely administration of justice. Fake lawyers can disrupt proceedings, leading to inefficiencies in the judicial process. - Bar Council’s Role Under Scrutiny:
The BCI, as the regulatory body for advocates, bears the responsibility of enforcing rigorous standards. The Supreme Court’s intervention underscores the need for the BCI to take its duties seriously.
The Road Ahead
The Supreme Court’s insistence on setting timelines and ensuring transparency in the verification process signals a proactive approach to resolving this issue. The BCI’s forthcoming status report will be crucial in determining the progress of this drive and identifying areas for improvement.
Moving forward, the legal fraternity must embrace technology and streamlined processes to verify credentials efficiently. State Bar Councils must collaborate closely with universities to validate degrees and ensure that all advocates meet the necessary qualifications.
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