Law Graduates Petition Supreme Court Over Bar Council of Delhi Enrollment Issues

​In India, the Constitution guarantees certain fundamental rights to its citizens. Two key provisions are Article 32 and Article 19(1)(g).

IN THE HON’BLE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

Writ Petition (Civil) No.        of ____

IN THE MATTER OF

XXXXXXXXXXXXX & ANR              …PETITIONERS

VERSUS

BAR COUNCIL OF INDIA & ORS             …RESPONDENTS

  AFFIDAVIT

I, __________________, ___________________New Delhi, do hereby solemnly affirm and state as under:

1. That  I  am  one of  the  petitioner in the abovementioned Writ Petition and authorized on behalf of  all other petitioners to do pairvi, as such I am well acquainted with the facts and circumstances of the present case and hence competent to swear this affidavit.

2. That I have read and understood the contents of accompanying Synopsis and List of dates page  B  to  M  , Writ Petition para  1  to  para   38    and page    1  to  40 , application for exemption from filing official translation of annexures and I say that averments made therein are true and correct to the best of my knowledge and belief.

3. That the annexures annexed with the Writ Petition are true copies of their respective originals.
4. That the averments made in this affidavit are true to the best of my knowledge and belief derived from the records. No part of it is false and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION:

Verified at New Delhi on this  24^th  day  of  November  _______that the contents of above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

​

Article 32: Right to Constitutional Remedies

Article 32 allows individuals to approach the Supreme Court directly if they believe their fundamental rights have been violated. This provision empowers the Court to issue orders or writs to enforce these rights, ensuring that citizens have a direct path to seek justice. ​

Article 19(1)(g): Freedom to Practice Any Profession

Article 19(1)(g) grants all citizens the right to practice any profession, or to carry on any occupation, trade, or business. This means individuals can choose their livelihood freely. However, the state can impose reasonable restrictions in the interest of the general public, such as requiring certain qualifications for specific professions.

Case Study: Challenges in Legal Profession Enrollment

A group of law graduates from Odisha faced challenges when trying to enroll with the Bar Council of Delhi. After completing their law degrees from a recognized institution, they moved to Delhi to practice law. However, their enrollment applications were returned because their college had not paid the prescribed fees to the Bar Council of India for the relevant period.​

Despite multiple attempts to resolve the issue, including filing Right to Information (RTI) applications and personally approaching the concerned authorities, the graduates found no resolution.

Consequently, they filed a writ petition under Article 32, seeking the Supreme Court’s intervention to uphold their fundamental right to practice their profession as guaranteed under Article 19(1)(g).​

Significance

This case highlights the importance of Articles 32 and 19(1)(g) in protecting individual rights. Article 32 serves as a vital tool for citizens to seek redressal when their fundamental rights are infringed upon, while Article 19(1)(g) ensures the freedom to choose and practice a profession.

Together, these provisions play a crucial role in maintaining the democratic fabric of the nation by safeguarding individual liberties and ensuring access to justice.​

It is essential for educational institutions and regulatory bodies to work together to prevent such issues, ensuring that administrative lapses do not hinder the professional aspirations of qualified individuals. This case serves as a reminder of the importance of upholding constitutional rights and the avenues available for citizens to seek justice when faced with administrative challenges.