Non-residents allowed to enroll as lawyers, bars Bar Council's restrictions: Delhi High Court

Non-residents allowed to enroll as lawyers, bars Bar Council's restrictions: Delhi High Court

In a move to ensure equal opportunities for aspiring lawyers, the Delhi High Court has rebuked the Bar Council of Delhi (BCD) for its recent notification that mandates proof of Delhi-NCR residency for enrolment. The court has urged the immediate withdrawal of the notification, emphasizing that it unjustly restricts non-residents from pursuing their legal careers in the capital.

During the proceedings, Justice Subramonium Prasad questioned the BCD's decision to exclude non-Delhi residents from enrolment, shedding light on the plight of individuals who relocate to Delhi to practice law and contribute to the legal fraternity. Recognizing the attraction of Delhi as a hub for legal professionals, the court emphasized the need for inclusivity and equal opportunities for those outside the city.

Advocate Shannu Baghel's plea challenging the discriminatory notification was among the cases heard by the court. Baghel argued that the requirement of Aadhaar and Voter ID cards with Delhi/NCR addresses excludes individuals from other regions, violating their right to practice law in Delhi. The court has scheduled further hearings on this matter in August, alongside other similar cases.

Issued in April 2023, the BCD's circular introduced the new residency requirement, stating that enrolment would be denied without Aadhaar and Voter ID cards with Delhi/NCR addresses, replacing the previous requirement of a self-attested rent agreement as proof of address.

The Delhi High Court's strong criticism of the notification reflects concerns about potential discrimination and the exclusion of non-Delhi residents from pursuing their legal careers in the nation's capital. The court's stance sends a clear message: the legal profession should be open to all aspiring lawyers, irrespective of their place of residence.

This ruling not only challenges the BCD's residency mandate but also emphasizes the importance of creating a level playing field for legal professionals nationwide. It is anticipated that this decision will have a profound impact on similar cases and potentially influence the policies of other bar councils across the country.

The BCD is yet to comment on the court's rebuke, leaving the legal community eager to see how this development will unfold. The Delhi High Court's unwavering dedication to ensuring inclusivity and equal opportunities in the legal profession showcases its commitment to upholding justice and fairness for all.

Share this News

Website designed, developed and maintained by webexy