NEW DELHI: 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 lawyers' body had said that designated senior advocates and AORs were earlier exempted from the verification process but the BCI had last year amended rules and brought AORs in the bracket of common lawyers.
The BCI had last year amended the rules for verification process to filter out fake advocates among over 15 lakh practising lawyers in the country.
