No Domicile Certificate Needed For Advocate Enrolment; Except Delhi Residents: BCI To Delhi HC

The Bar Council of India (BCI) recently informed the Delhi High Court that, according to the information available to it, only the Bar Council of Delhi (BCD) has made domicile in the State mandatory for enrolment of law graduates as advocates.

The BCI stated in an affidavit filed before the High Court that neither the Advocates Act of 1961 nor the Bar Councils of India Rules list domicile in state as a requirement for enrolment with the relevant 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 submitted.

It further 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.”

In response to two petitions challenging the BCD’s recent decision to require aadhaar and voter identity cards with addresses in Delhi-NCR for enrollment with the BCD, the BCI filed its reply.

By way of a notice dated April 13, the BCD had stated that lawyers wishing to enrol with the BCD would need to present their Aadhaar and voter identification documents proving their residency in Delhi or the NCR.

It also stated that fresh law graduates wishing to enrol in the national capital must attach copies of their Aadhaar and Voter ID cards with an address in Delhi/NCR.