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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Supreme Court Upholds Exclusion of Advocates from Consumer Protection Act

Supreme Court Upholds Exclusion of Advocates from Consumer Protection Act



In a significant ruling, the Supreme Court of India declared that complaints alleging "deficiency in service" against advocates would not be maintainable under the Consumer Protection Act (CP Act). 


Unique Nature of Legal Profession Recognized


The court emphasized the unique nature of the legal profession, stating that it cannot be equated with other professions and therefore falls outside the purview of consumer protection laws.


Bench Sets Aside National Consumer Disputes Redressal Commission Decision


The bench of justices, Bela M Trivedi and Pankaj Mithal, set aside a decision by the National Consumer Disputes Redressal Commission, highlighting the distinctive characteristics of legal services and the direct control exercised by clients over advocates' services.


CP Act Intended to Protect Consumers from Unfair Practices


The court's ruling emphasized that the CP Act, enacted to protect consumers from unfair and unethical business practices, was not intended to cover professions or services rendered by professionals.


Legal Services Governed by Principles of Personal Service


The Supreme Court's decision stemmed from a series of appeals challenging the NCDRC's order, which held that complaints against advocates for deficiency in services could be entertained under the Consumer Protection Act.


Verdict Clarifies Scope of Consumer Protection Laws


Addressing the core legal question, the court clarified that complaints against advocates practicing law would not fall under the purview of consumer protection laws. 


Precedent-Setting Decision


The decision by the Supreme Court serves as a precedent, guiding future legal proceedings involving complaints against advocates and reinforcing the principles underlying the legal profession's autonomy and independence.


Explanation of Relevant Laws


The ruling was based on a thorough examination of relevant legal statutes, including the Consumer Protection Act, of 2019, and its predecessor, the Consumer Protection Act, of 1986. Specifically, the court referenced Section 2(42) of the CP Act, 2019, which defines the term "service" under the Act. This definition excludes services rendered under a contract of personal service, a category that encompasses legal services provided by advocates. Therefore, the court concluded that advocates' services, governed by principles of personal service, fall outside the ambit of the CP Act, thereby exempting them from consumer protection laws.


Conclusion: Upholding the Autonomy of Legal Profession


In conclusion, the ruling underscores the importance of recognizing the distinctiveness of legal services and upholding the autonomy of the legal profession within the framework of consumer protection laws.

Location: Pune, Maharashtra, India

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