SC stays BCI resolution on verification drive of AoRs

The Supreme Court today stayed a resolution issued by Bar Council of India (BCI) that had made it mandatory for Advocates-on-Record (AoRs) to undergo its ongoing verification drive to check professional credentials of practicing lawyers.
BCI, the apex bar body, has undertaken a verification drive to weed out law practitioners with fake law degrees and done away with the earlier clause that had granted exemption to AoRs from filling up a verification form under the BCI's Certificate of Practice Rules, 2015.
AoRs are those lawyers who clear qualifying examination conducted by the apex court and are entitled to appear and sign petitions and documents in the top court.

They were opposing the BCI resolution on the grounds including that they have become AoRs with the nod of the apex court and their details were there on the Supreme Court site.
"No effect should be given to the (BCI) resolution. Let the matter be heard on June 30," a vacation bench comprising Justices P C Ghose and Amitava Roy said and allowed the Supreme Court Advocate-on-Record Association (SCAORA) to be a party to the ongoing lis (suit) on the issue.
At the outset, the bench asked A K Prasad, representing the BCI, as to how the bar body was empowered to amend the rules framed under the law by passing a resolution.

"The question is, can you (BCI) amend the rules by way of a resolution," it said. However, the court then left it to be decided by the bench concerned after the summer vacation.

The BCI's ongoing verification drive is under challenge before various high courts in the country.
The SCAORA had yesterday moved the apex court seeking urgent hearing of its plea that its members should not be subjected to the BCI verification drive as their records were already with the court.
The SCAORA had told the bench that BCI had a practice not to subject designated senior advocates and Advocates-on- Records (AoRs) to verification.

The BCI had last year amended the rules for verification
process to filter out fake advocates among over 15 lakh practising laywers in the country.
BCI Certificate and Place of Practice (Verification) Rules 2015 makes it mandatory for all lawyers to re-register in a new format where they have to compulsorily submit all their certificates starting from class X board results.
The SCAORA, in its plea, has said "the Supreme Court Advocates on Record are a distinct category and all information about them is available and easily verifiable through the Computer Code allotted to them. Before becoming an AOR, the respective Bar Council itself gives continuity certificate as required under Supreme Court Rules...

"After passing the AOR examination, a notification is issued by way of a judicial order and a certificate is issued by the Hon'ble Supreme Court of India certifying the advocate who has cleared the examination as an AOR. The name of each and every AOR along with their code and address are available on the website of the Supreme Court of India, which is in the public domain. Therefore there is no logic or justification for withdrawal of exemption available to AORs.