State Domicile not condition for enrolment as advocate; only Bar Council of Delhi has prescribed it: BCI to Delhi High Court

The Bar Council of India (BCI) Tuesday informed the Delhi High Court that as per the information available with it, only Bar Council of Delhi (BCD) has made domicile in the State mandatory for enrolment of law graduates as advocates..In an affidavit filed before the High Court, the BCI said that neither the provisions of the Advocates Act of 1961 nor the Bar Councils of India Rules list domicile in State as a condition for enrolment with the concerned State Bar Council.“The persons who may be admitted as Advocate on the State roll is provided for in Section 24 of the Act. It is stated that the only requirement/condition under The Advocates Act, 1961 is that an application for admission as an advocate shall be made to the State bar Council where the applicant proposes to practice under Section 25 of the Act,” the BCI said.It added,“…the Bar Council of India vide email dated 10th May 2023 sent communication to all the State Bar Councils asking for response, asking amongst other, to the domicile as requirement for enrollment. That in response, 14 State Bar Councils so far have sent the reply and on going through the same, it transpired that as on date except Bar Council of Delhi, none of the other 13 State Bar Councils have domicile of the Law Graduate/ Applicant as criteria/requirement for enrolment as Advocate.”.The BCI filed its reply in response to two petitions challenging the BCD’s recent decision making aadhaar and voter identity cards bearing address of Delhi-NCR, mandatory for enrolment with the BCD. .By way a notice dated April 13, the BCD had said that lawyers proposing to get enrolled with the BCD will have to produce their Aadhaar and Voter ID cards showing Delhi or the NCR as their place of residence.It added that the fresh law graduates looking to enroll in the national capital will also need to compulsorily attach their Aadhaar and Voter ID card copies bearing an address in Delhi/NCR..The case was listed for hearing today before Justice Prathiba M Singh. However, it could not be taken up. .Plea before Delhi High Court against Bar Council of Delhi decision to make Aadhaar, Voter ID with NCR address compulsory for enrolment