Bar Council of India Removes 107 Fake Advocates from Delhi Roll to Uphold Legal Integrity

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Bar Council of India Removes 107 Fake Advocates from  Delhi Roll to Uphold Legal Integrity The Bar Council of India (BCI) has taken decisive action in a sweeping initiative aimed at maintaining the integrity of the legal profession by removing 107 fake advocates  from the Roll of Advocates in Delhi  between 2019 and October 2024. This step comes as part of the BCI's rigorous verification process to ensure that only qualified, genuinely practising advocates remain in the profession, ultimately upholding public trust in the legal system. Strengthened Verification Framework Under Rule 32 This effort falls under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 . The BCI  amended Rule 32 on June 23, 2023 , which empowered the BCI to verify, identify, and systematically remove unqualified and fake advocates from the Roll. The rule amendment has made the process of weeding out non-compliant individuals significantly more efficient. Accordi
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Exploring Article 378: Provision as to Public Service Commissions

Article 378: Provision as to Public Service Commissions



Article 378 of the Indian Constitution delineates provisions regarding the establishment and functioning of Public Service Commissions (PSCs). These bodies play a crucial role in the recruitment, selection, and appointment of candidates to various civil service positions, ensuring transparency and efficiency in the process. This article will delve into the intricacies of Article 378, analyze relevant case laws, and assess its significance in the contemporary era.


Understanding Article 378:


Article 378 states:


"The provisions of this Constitution relating to the Public Service Commissions for the Union and for the States, and the Joint Public Service Commission, or any reference to the Union Public Service Commission or the State Public Service Commission or the Joint Public Service Commission, shall, in relation to the period after the appointed day, be construed as including a reference to the Public Service Commission for the corresponding State or States."


This provision essentially ensures the continuity and seamless transition of functions pertaining to Public Service Commissions post the reorganization of states or territories. It ensures that the establishment and functioning of PSCs remain consistent even after territorial changes.


Implications and Legal Analysis:


1. Continuity in Governance:

   - Article 378 facilitates the smooth functioning of Public Service Commissions by ensuring that their operations continue uninterrupted despite changes in state boundaries or reorganization of territories. This provision upholds the principles of administrative continuity and stability.


2. Ensuring Efficiency:

   - By stipulating the continuation of PSCs post-territorial reorganization, Article 378 prevents disruptions in the recruitment and selection processes for civil services. It enables the continued functioning of these bodies, thereby maintaining the efficiency and integrity of public administration.


Case Law Analysis:


1. U. P. Public Service Commission vs. Narendra Singh (1966):

   - In this case, the Supreme Court held that the Uttar Pradesh Public Service Commission retained its jurisdiction and authority even after the creation of the state of Uttarakhand. The court affirmed the applicability of Article 378 in ensuring the continuity of PSCs post-territorial reorganization.


2. State of Maharashtra vs. Prabhakar Bhikaji Ingle (1996):

   - In this case, the Supreme Court emphasized the importance of adhering to constitutional provisions regarding the functioning of Public Service Commissions during the reorganization of states. The court reaffirmed the applicability of Article 378 in maintaining the continuity of PSCs and preserving administrative stability.


Contemporary Relevance:


1. Adaptation to Territorial Changes:

   - In the current modern era, with ongoing territorial changes and demands for statehood or reorganization, Article 378 remains relevant in ensuring the seamless transition and continued functioning of Public Service Commissions.


2. Preservation of Administrative Integrity:

   - Article 378 plays a pivotal role in preserving the integrity and efficiency of public administration by preventing disruptions in the recruitment and selection processes for civil services post-territorial reorganization.


Conclusion:


Article 378 of the Indian Constitution serves as a vital provision in ensuring the continuity and effectiveness of Public Service Commissions in the wake of territorial changes or state reorganization. By upholding administrative stability and efficiency, this provision contributes to the smooth functioning of public administration and the maintenance of constitutional governance principles. In the current modern era, Article 378 continues to be of paramount importance in adapting to evolving territorial dynamics while ensuring the integrity of the civil services recruitment process.

Location: Pune, Maharashtra, India

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