“AoRs a special class”, SC stays BCI notification revoking exemption to AoRs from CoP verification

The Supreme Court today stayed the notification issued by the Bar Council of India (BCI) by which the BCI had revoked the exemption granted to Advocates-on-Record (AoRs) from filling up the verification form under the BCI’s Certificate of Practice Rules, 2015..The order was passed by a vacation Bench comprising Justices PC Ghose and Amitava Roy which was hearing an impleadment application filed by the Supreme Court Advocates-on-Record Association (SCAORA). The Court also allowed the SCAORA to implead itself in the case. Senior Advocate Amarendra Sharan appeared for SCAORA. Advocate AK Prasad represented the BCI..Earlier, AoR’s were exempted from the requirement of filling up verification from by Rule 5(a) of the CoP Rules. The BCI revoked the exemption by amending Rule 5(a) by way of a notification. As per this notification, AoRs are required to fill a new form, Form F and also the “forms of their respective Bar Associations or concerned State Bar Council”..Interestingly, this notification is a year old and was issued on July 10, 2015. The notification itself is based on a resolution passed in a meeting of the BCI General Council held on June 6, 2015..SCAORA had moved the Supreme Court contending that the exercise of verification is to ascertain if an advocate is in actual legal practice and same is not required for AoRs since it is done by Supreme Court. The Association had contended that,.“Supreme Court Advocates on Record are a distinct category and all information about them is available and easily verifiable through the Computer Code allotted to them. Before becoming an AOR, the respective Bar Council itself gives continuity certificate as required under Supreme Court Rules….. After passing the AOR examination, a notification is issued by way of a judicial order and a certificate is issued by the Hon’ble Supreme Court of India certifying the advocate who has cleared the examination as an AOR. The name of each and every AOR along with their code and address are available on the website of the Supreme Court of India, which is in the public domain. Therefore there is no logic or justification for withdrawal of exemption available to AORs”.After hearing the SCAORA and BCI, the Bench remarked that, “AoRs are a special class” of lawyers and allowed the SCAORA to be impleaded in the case. It also stayed the impugned notification and asked the BCI to file its reply..With today’s stay, AoRs would now need to fill up just one form, Form E, as mandated by Rule 5(a) of the CoP Rules..The CoP Rules, which were introduced in order to weed out the undesirable elements in the bar, required state bar councils to verify the certificates of practice of all advocates on their rolls within six months..However, these rules ended up being challenged before a number of High Courts, including the Karnataka High Court..When the matter reached the Supreme Court in August last year, the apex court had stayed the proceedings in various High Courts. Later that year, the apex court refused to stay the Rules, making it clear that the BCI was to free to continue with the processes initiated under the Rules..When the matter was heard on May 10, the Court had directed all state Bar Councils to complete the verification process of advocates and to submit their report to the BCI by June 30. This was after it was brought to the court’s notice that elections to various Bar Councils have been delayed as a result of the verification not happening..Read the BCI notification which has been stayed by Supreme Court.