Bar Council of Delhi Withdraws Controversial Enrollment Rule: A Step Towards Justice - The Red Carpet

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Thursday, June 8, 2023

Bar Council of Delhi Withdraws Controversial Enrollment Rule: A Step Towards Justice

The Law Advice - News - SC directs BCD not to charge more than 600 from law  graduates for Enrollment as advocate


Introduction:

In a significant turn of events, the Bar Council of Delhi (BCD) has decided to withdraw the contentious new enrollment rule that made it mandatory for Aadhaar and voter cards to have a Delhi-NCR address for new lawyer enrollments. This move comes after public outcry and criticisms over the rule's constitutionality, arbitrariness, and illogical nature. While the BCD has not made an official announcement regarding the withdrawal, the response to a Right to Information (RTI) application  filed by me revealed the rule's discontinuation. However, the case (Rajani Kumari v. Bar Council of Delhi, W.P.(C) 4927/2023) challenging the rule in the Delhi High Court is still pending, awaiting a final decision.


Background:

In my previous article titled "The Mockery of Law by Lawyers: Unconstitutional, Arbitrary, and Illogical New Enrollment Rule by Bar Council of Delhi," I highlighted the numerous flaws and injustices associated with the rule. The article shed light on the rule's infringement upon the fundamental right to practice any profession, the lack of rational nexus to its intended purpose, and the discriminatory nature of the requirement. You may read the previous article here "The Mockery of Law by Lawyers: Unconstitutional, Arbitrary, and Illogical New Enrollment Rule by Bar Council of Delhi"


Withdrawal of the Rule:

After the publication of the article and the subsequent filing of an RTI application  by me seeking clarity on the decision-making process behind the rule, the BCD has silently withdrawn the disputed enrollment rule. While the absence of an official announcement raises concerns about transparency, it is a significant victory for aspiring lawyers who were affected by the arbitrary requirement.


Unanswered Questions:

Despite the withdrawal of the rule, questions remain unanswered. The BCD's response to the RTI application did not provide the requested information regarding the minutes of the meeting that led to the introduction of the rule. This raises concerns about the BCD's accountability and adherence to principles of transparency. Additionally, the pending case in the Delhi High Court regarding the rule adds further complexity to the situation. It is crucial to await the court's decision to gain clarity on the legal aspects surrounding this matter.


Moving Towards Justice:

The withdrawal of the controversial enrollment rule by the BCD is a positive step towards rectifying the injustices caused by its implementation. It demonstrates the power of public discourse and the importance of raising awareness about arbitrary and discriminatory regulations. However, there is a need for improved communication and transparency from the BCD, especially in providing information related to the decision-making process and the withdrawal of the rule.



The withdrawal of the new enrollment rule by the Bar Council of Delhi signifies a significant victory for aspiring lawyers and highlights the potential impact of public scrutiny on bringing about positive change. While there are lingering questions and the need for greater transparency, this development serves as a reminder that the legal profession must uphold the principles of justice, fairness, and equal opportunity. It is essential for legal bodies to constantly reevaluate their rules and regulations to ensure they align with constitutional rights and the aspirations of those seeking to pursue a career in law. The withdrawal of the disputed enrollment rule is a step in the right direction, emphasizing the power of advocacy and the importance of upholding the integrity of the legal profession.

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