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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SC Dismisses Petitions to Review Article 370 Verdict

SC Dismisses Petitions to Review Article 370 Verdict



The Supreme Court has dismissed petitions seeking a review of its judgment that upheld the Union government's 2019 decision to abrogate Article 370 of the Constitution, which conferred special status on Jammu and Kashmir. The five-judge Constitution bench, comprising Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and AS Bopanna, dismissed the review petitions in chamber, noting no apparent error in the original verdict delivered on December 11, 2022.


Supreme Court's Decision on Review Petitions


On May 1, the Supreme Court stated, "Having perused the review petitions, there is no error apparent on the face of the record. There is no case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed." This ruling reaffirmed the court's earlier decision that upheld the abrogation of Article 370, labeling it a "temporary provision" enacted due to wartime conditions, meant to serve a transitional purpose.


Background and Context


Article 370, inserted in the Indian Constitution in 1949, granted special autonomy to Jammu and Kashmir. Under this provision, the state had its own constitution and autonomy over internal matters except for defense, communications, finance, and foreign affairs. However, on August 5, 2019, the Central government announced the abrogation of Article 370 and the bifurcation of Jammu and Kashmir into two Union Territories—Jammu and Kashmir, and Ladakh.


Legal Framework and Relevant Laws


1. Article 370 of the Indian Constitution: Originally provided special autonomy to Jammu and Kashmir, allowing the state to have its own constitution and decision-making power over all matters except defense, communications, finance, and foreign affairs.


2. Order XLVII Rule 1 of the Supreme Court Rules 2013: Governs the conditions under which the Supreme Court can review its judgments. The rule requires that an apparent error on the face of the record must be present for a review petition to be considered.


3. Jammu and Kashmir Reorganisation Act, 2019: Enacted by the Indian Parliament, this law bifurcated the state of Jammu and Kashmir into two Union Territories—Jammu and Kashmir, and Ladakh. This reorganisation aimed to integrate the region more closely with the rest of India and bring uniformity in laws and administration.


Supreme Court's Previous Judgment


In December 2022, the Supreme Court's five-judge bench unanimously upheld the validity of the Centre's decision to abrogate Article 370. The court emphasized that Article 370 was temporary and transitional. The bench also took note of the Solicitor General's assurance that Jammu and Kashmir's statehood would be restored, except for the Union Territory of Ladakh.


Implications of the Verdict


The Supreme Court directed the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by September 30, 2024. The court also stressed that the restoration of statehood should occur as soon as possible.


Challenges and Petitions


Numerous petitions were filed in the Supreme Court challenging the abrogation of Article 370 and the subsequent reorganisation of Jammu and Kashmir. These petitions were submitted by private individuals, lawyers, activists, politicians, and political parties, arguing against the constitutionality of the Jammu and Kashmir Reorganisation Act, 2019.


Conclusion


The Supreme Court's dismissal of the review petitions reaffirms its stance on the abrogation of Article 370 and the reorganisation of Jammu and Kashmir. This decision underscores the court's interpretation of the constitutional provisions and the temporary nature of Article 370. The ruling also paves the way for the forthcoming legislative assembly elections and the eventual restoration of statehood to Jammu and Kashmir, aligning with the Union government's policy objectives for the region.

Location: Pune, Maharashtra, India

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