Supreme Court Transfers To Itself Petition Challenging BCI's Election Code Of Conduct Rules 2023 Before Karnataka High Court

The Supreme Court on Monday (April 8) transferred to itself a pending petition before the Karnataka High Court challenging the  Bar Council Of India (BCI) Rules (for qualification/Disqualification and produce for election and code of conduct for the elections of S.B.C/B.C.I.) 2023 (Rules of 2023) on grounds that similar cases with identical issues of conducting free and fair state bar council elections have been transferred to the Top Court. 

BCI, the transfer petitioner herein, requested that the challenge before the Karnataka High Court be transferred to the Apex Court, considering that 5 similar matters are pending before it. The original petitioner before the Karnataka High Court not only challenges the Rules of 2023 but also seeks a writ of mandamus for holding elections of the State Bar Council for the year 2023- 2028.  

As per BCI's written submissions, the Rules of 2023 have been framed to tackle the challenges the council faces in the verification process of the lawyers and to detect fake and non-practising advocates from taking part in State Bar Council elections.

"Petitioner Council vide Notification BCI: D:3430/2023 dated 23.06.2023 (Rules of 2023) has framed new Rule 32 of Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 so that, the process of verification could be revamped and made truly effective. Further, The Rules are being framed under Section 7(1) (b)(d)(g)(e) read with Section 49(1)(a),(ah),(i) of the Advocates Act, 1961, for weeding out the fake people and the non-practising Advocates from taking. part in the elections of State Bar Council"

The bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra allowed the transfer petition and tagged the transferred case with other pending ones. The key issue in all the matters stems from the order of the Supreme Court in the case of  Ajay Shankar Shrivastava v. BCI And Anr. wherein a High Powered Committee was constituted to oversee the process of verification of the degree certificates of advocates. Subsequent to this development, the BCI in order to upgrade the standards of the Bar Councils and maintain free and fair elections published the Rules of 2023. 

In 2015, the Bar Council of India notified the BCI Certificate and Place of Practice (Verification) Rules 2015 to identify genuine lawyers who are actively litigating before courts and tribunals. The Rules were challenged before various High Courts and the cases were ultimately transferred to the Supreme Court. The Court in August 2015 stayed the proceedings under the Rules of 2015. 

The Court passed the said order in an application filed by an advocate practising in the Supreme Court challenging the BCI's direction issued in November 2022 to the State Bar Councils which, the petitioner claimed, had the effect of interdicting the verification process being undertaken by the State Bar Councils to scrutinise.  

The Transfer Petition was filed with the assistance of AOR Dr Ram Sankar. 

Case Details: BAR COUNCIL OF INDIA vs. RAHAMATHULLA KOTHWAL T.P.(C) No. 000876 - / 2024

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