New Delhi: The Bar Council of India (BCI) has stayed the operation of a resolution passed by the Bar Council of Uttar Pradesh suspending the certificates of practice of Akhilesh Jaiswal, President, and Avanish Dixit, Secretary of the Central Bar Association, Lucknow.
In its order dated September 10, 2026, the BCI observed that it is a settled legal position that a State Bar Council has no jurisdiction to suspend an advocate’s licence to practise under the Advocates Act, 1961. According to the BCI, such action can be taken only by a disciplinary committee after following the procedure prescribed by law.
The order came on a petition challenging the resolution dated September 8, 2026, passed by the Bar Council of Uttar Pradesh in its virtual emergent meeting.
The BCI noted that the two petitioners had been suspended in connection with a resolution passed by the Central Bar Association, Lucknow’s General Body on February 20, 2026. However, the BCI found “absolutely no logic” behind the impugned resolution suspending their certificates of practice and consequently stayed its operation.
The BCI further directed that Jaiswal and Dixit shall be allowed to practise in all courts and forums. The Secretary of the Bar Council of Uttar Pradesh has been directed to communicate the order to all concerned.
The BCI Committee also raised questions over the constitution of the disciplinary/supervisory committee, observing that Shreenath Tripathi, being a member of the Bar Council of India, is part of the appellate authority in disciplinary proceedings. The BCI therefore directed the Bar Council of Uttar Pradesh to reconsider the constitution of the disciplinary committee dealing with the matter.
The order effectively puts the suspension of the two Lucknow bar office-bearers on hold and reinforces the statutory limits on the power of a State Bar Council to suspend an advocate’s right to practise.
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