Bar Council of India Vs UOI (Delhi High Court)
Delhi High Court examines the statutory boundaries between the legal profession and representation rights granted to CA, CS, CMA professionals
The Delhi High Court, in a hybrid hearing concerning the Bar Council of India (BCI), directed Mr. Srimanto Sen, Principal Secretary, BCI, to file an affidavit affirming the additional written submissions dated 4 August 2026 and confirming whether BCI still presses its prayer in W.P.(C) 2360/2005 seeking to prohibit persons other than Advocates enrolled under the Advocates Act, 1961 from appearing before the concerned respondents and carrying out the profession of law. The Court also considered submissions concerning the Institute of Company Secretaries of India (ICSI) and noted that Form-D, the application for issue, renewal or restoration of a Certificate of Practice of Company Secretaries, contains 26 areas of practice, including several areas of law. ICSI was directed to place on record a chart showing the number of Company Secretaries presently practising in those areas. The Court further directed ICSI to file an affidavit stating the source of its power to prescribe the 26 areas in Form-D and to pass the Resolution dated 14 October 2022 concerning services rendered by Company Secretaries in practice under Section 2(2)(f) of the Company Secretaries Act, 1980 and Regulation 168 of the Company Secretaries Regulations, 1982. Further arguments were listed for 23 September 2026 at 2:30 PM.
The controversy
The Delhi High Court is considering an important and long-pending professional dispute concerning whether persons who are not enrolled as advocates—including Chartered Accountants, Company Secretaries and Cost Accountants—can appear and represent parties before tribunals and other statutory authorities.
