In a recent development, the Bar Council of India (BCI) has informed the Delhi High Court that, according to the information available to them, only the Bar Council of Delhi (BCD) has made domicile in the State mandatory for the enrolment of law graduates as advocates. This revelation came as part of an affidavit filed by the BCI, stating that neither the provisions of the Advocates Act of 1961 nor the Bar Councils of India Rules specify domicile as a condition for enrolment with the respective State Bar Councils.
The BCI clarified that the only requirement under the Advocates Act, 1961 is that an application for admission as an advocate should be made to the State Bar Council where the applicant intends to practice. The BCI further highlighted that they had recently reached out to all the State Bar Councils, inquiring about the inclusion of domicile as a requirement for enrolment. Out of the responses received so far, it was revealed that, apart from the Bar Council of Delhi, none of the other 13 State Bar Councils consider domicile as a criterion for enrolling law graduates as advocates.
The BCI’s response comes in light of two petitions challenging the BCD’s recent decision, which mandates the submission of Aadhaar and voter identity cards with addresses in Delhi-NCR for enrolment with the council. As per the notice issued by the BCD on April 13, lawyers seeking enrolment with the BCD are required to provide their Aadhaar and Voter ID cards indicating Delhi or the National Capital Region as their place of residence. The notice further stated that fresh law graduates aspiring to enroll in the national capital must attach copies of their Aadhaar and Voter ID cards bearing an address in Delhi/NCR.
The case was scheduled for a hearing before Justice Prathiba M Singh today; however, it was not taken up. The BCI’s response brings into question the domicile requirement imposed by the Bar Council of Delhi and prompts a broader examination of the criteria for enrolment of law graduates as advocates across the country.
