Lawyers protesting after the Bar Council of India (BCI) suspended 126 lawyers from its rolls in Tamil Nadu in 2016. S. Prabakaran, BCI Vice Chairman, says State bar councils and BCI are empowered to prohibit lawyers if they conduct themselves unethically. | Photo credit: G Sribharath/The Hindu
The Bar Council of India (BCI) is in a pro-active mode to address the concerns about about any criminal antecedents of practicing and prospective lawyers. While the BCI is committed to safeguard lawyers from attacks, it is from time to time taking action against erring lawyers.
“Fake law degrees and certain persons with criminal antecedents entering the profession are serious problems. That’s why the Bar Council issued circulars in September 2024 making it mandatory for law students to declare their criminal antecedents, if any, while making the concerned legal education institutions equally accountable to check the background of aspiring lawyers,” BCI Vice Chairman S Prabakaran stated in an interview to The Hindu.
The BCI in its circular has issued a directive to law colleges to maintain biometric attendance of students as a preventive to their engaging in any unethical activities outside the campus and also directed installation of CCTV cameras to monitor their conduct, he said. Way back in 2015, the BCI had taken a call to ensure that no persons could enroll as part time lawyers while employed in a bank or other enterprises.
BCI Vice Chairman S. Prabakaran
BCI has its work cut out with its responsibility to keep a watch on an estimated 1.5 lakh lawyers enrolled in Tamil Nadu and around 27 lakh lawyers across the country. In cases filed against the government, there is a possibility that the police may be directed to register false cases with the aim of impeding lawyers from arguing for their clients who may have taken a position against the government. So sometimes the Bar Council may permit lawyers who have faced punishment for less than seven years to resume practice. Lawyers can and have gone in appeal to the courts in some cases and the judiciary has set aside prejudiced cases, he said.
At the same time, the state bar council and the BCI can issue “prohibitory orders to restrain lawyers if their professional conduct is questionable or there is ground to believe that they are involved in political murders, cases under POCSO Act (sexual abuse of children), or rape, dacoity, robbery cases and supplying narcotic substances like Ganja to prison inmates. BCI will never allow enrollment of prospective lawyers facing such serious charges, particularly if they have been convicted.”
It has been a long standing demand of the Bar Council of India that the Central government bring in an Advocates Protection Act to safeguard lawyers from attacks while discharging their professional duties and strengthen the judicial system for better administration of justice.
What prompted the BCI to issue the circulars asking law students to declare if they have faced were any criminal cases or FIRs, convictions or acquittals and additional information regarding their employment outside or pursuit of other educational qualifications?
Even before these circulars issued last year, the BCI has routinely, in the enrolment stage, sent queries to police to verify the antecedents of applicants as far as Tamil Nadu was concerned. Some other States also follow the same procedure. Some States are yet to do this though there is a column in the enrolment form seeking declarations from prospective lawyers regarding any criminal records, if at all. Cases of fake law degrees and some people with criminal antecedents joining the profession are serious issues. The Supreme Court, towards the end of 2023, appointed a committee of judges for verification of degree certificates of lawyers all over the country. In Delhi alone, more than a thousand lawyers had fake degrees, nearly 500 in Punjab and Haryana. This verification is an ongoing process and will cover all States. The committee will submit its report to the Supreme Court as and when it completes its mandate.
The BCI circulars were issued in September 2024…to what extent have law students and legal educational institutions complied?
They have to comply. The directives are mandatory for students and institutions to follow. Students risk withholding of their mark sheets and degree certificates and the defaulting institutions face cancellation of their licences. The BCI has issued an advisory to universities concerned with legal education to verify the antecedents of students to avoid unnecessary agitations on campuses. Lawyers should also avoid prolonged agitations.
Q. Is India the only country with these issues of fake degrees and criminal background of some students?
Not necessarily. BCI focus is on implementing its mandate in India to uphold ethical standards in the profession. Lawyers have a major role in upholding the democratic rights of the people. The police have cooperated with us in various States to report any wrongdoing by lawyers.
Are BCI and its present powers adequate to deal with these problems. Should the legal mechanism be further strengthened?
We are asking for additional powers through legislation to bring in an Advocates Protection Act and some amendments to the existing laws to equally safeguard the public and the members of the Bar as well as strengthening the judicial system for better administration of Justice. There are disciplinary procedures against lawyers. Already State bar councils and BCI are empowered to prohibit lawyers if they conduct themselves unethically and or are found to be involved in heinous crimes. In the case of a political murder like the Armstrong case, seven to eight persons remain suspended.
Q. What about reforms in legal education. Does BCI have a mandate for this?
Yes, the Bar Council has a responsibility to propose reforms including proposing courses for Honours degrees. In 2008, legal education rules were reviewed and a legal education committee constituted, comprising members of the bar, retired judges and representatives of the law ministry and the University Grants Commission (UGC).
Published – February 21, 2025 04:15 pm IST