2017 (9) TMI 323 - SC - Indian Laws

Holding elections to the State Bar Councils - necessary steps - Held that - All the steps be taken by all the parties concerned in the matter for the purpose of elections in respect of all the Bar Councils where the term of the existing members have already expired or to be expired. We further make it clear that although this order has been passed in favour of the verification only for the purpose of the election but it would also include for the purpose of the verification of all other learned lawyers who have already applied within the time stipulated by this Court. We direct all the State Bar Councils to take necessary steps and to conclude all proceedings by 31.12.2017 and send a reply to the Bar Council of India. Thereafter, the Bar Council of India, after receiving all the replies from the State Bar Councils, would file a status report. We, hereby, authorize the Bar Council of India to notify all the State Bar Councils, by way of publication in two leading newspapers, that they must take all steps to complete the process before 31.12.2017. The Bar Council of India is directed to request a retired Judge of the Supreme Court in order to control and supervise the verification process and preparation of Electoral Rolls. We direct the Bar Council of India to take all steps in this regard immediately in order to do the needful. All concerned are directed to render full assistance and cooperation to the Verification Committee. List the matter in the second week of January, 2018 on a Non-Miscellaneous Day.

Summary

Issues:
1. Verification of fake lawyers by Bar Council of India
2. Transfer of pending matters to Supreme Court
3. Holding elections to State Bar Councils
4. Slow verification process and proposal for Central Verification Committee
5. Request for immediate elections by petitioners
6. Completion of verification process and electoral roll publication

Issue 1: Verification of fake lawyers by Bar Council of India
The judgment originated from the Bar Council of India's efforts to identify fake lawyers among its members and non-members. The Bar Council of India argued that the steps taken were in accordance with the Advocates Act, 1961, and its rules to address the issue. The Supreme Court directed the transfer of pending matters from various High Courts to itself for a consolidated hearing and refused to stay the implementation of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015.

Issue 2: Transfer of pending matters to Supreme Court
The Supreme Court, through subsequent orders, directed the attachment of certificates with applications for those not associated with any Bar Association to be reviewed by the respective Bar Councils. It also emphasized that lawyers legally enrolled through Bar Councils should not face interference in their practice. The Court heard arguments from both sides regarding holding elections to State Bar Councils promptly and examined the records in detail.

Issue 3: Holding elections to State Bar Councils
The Bar Council of India acknowledged the slow verification process due to workload issues, particularly in States where Advocate Generals chair the State Bar Councils. The Court was informed that no verification had been conducted for LLB Graduates enrolling after July 2010, and the All India Bar Examination was not considered a definitive proof of a valid degree. To expedite verification, the Bar Council of India proposed the formation of a Central Verification Committee headed by a former Supreme Court Judge.

Issue 4: Slow verification process and proposal for Central Verification Committee
The petitioners sought immediate State Bar Council elections due to expired terms, while the Bar Council of India stressed the importance of verifying candidates to eliminate fake lawyers and enhance the quality of legal practitioners. The Court provided a final opportunity for defective applications to be rectified, set timelines for verification processes, and mandated the publication of a Final Electoral Roll excluding individuals with false degrees.

Issue 5: Request for immediate elections by petitioners
The petitioners' request for prompt State Bar Council elections conflicted with the Bar Council of India's focus on verification. The Court granted time for curing defective applications, free verification, and set deadlines for the electoral process, emphasizing the importance of ensuring the accuracy of the electoral rolls.

Issue 6: Completion of verification process and electoral roll publication
The Court directed all State Bar Councils to conclude proceedings by a specified deadline and submit replies to the Bar Council of India. It authorized the Bar Council of India to notify all State Bar Councils to expedite the process and appointed a retired Supreme Court Judge to oversee the verification process and Electoral Rolls preparation. The Court instructed full cooperation and assistance from all parties involved and scheduled a follow-up hearing for the second week of January 2018.