BCI Seeks Mamata Banerjee Advocate Enrollment Records After Calcutta High Court Appearance in Lawyer Robes

The Bar Council of India (BCI) has sought detailed enrollment and practice records of former West Bengal Chief Minister Mamata Banerjee from the Bar Council of West Bengal, after Banerjee appeared before the Calcutta High Court wearing advocate's robes and white bands on May 14, 2026. Banerjee appeared to argue in a PIL related to alleged post-poll violence in the state following the 2026 Assembly election results. The BCI's letter, addressed to the Secretary of the State Bar Council, has directed that the information be furnished within two days. The incident has raised questions about the legal rules governing the practice of law by former public officeholders and the conditions under which an enrolled advocate may appear before courts.

What the BCI Has Asked For

In its letter dated May 14, 2026, the BCI took note of media reports stating that Mamata Banerjee had appeared before the Calcutta High Court in legal attire. The BCI directed the Bar Council of West Bengal to furnish several categories of records: details of Banerjee's enrollment as an advocate on the State Roll, whether her enrollment has been continuous or if there has been any suspension or cessation of practice, and whether she has subsequently resumed practice. The BCI also sought details about whether Banerjee has been paying her annual State Bar Council fees and whether she holds a valid certificate of practice. These records are relevant because under the Advocates Act, 1961, only persons enrolled on the State Roll and holding a valid certificate of practice are entitled to appear before courts in advocate's attire.

Rules on Advocate Enrollment and Right to Practice Under the Advocates Act 1961

The Advocates Act, 1961, governs the legal profession in India. Section 24 deals with the right of persons to be admitted as advocates on the State Roll. Section 29 provides that every advocate whose name is entered in the State Roll shall be entitled to practise in all courts, including the Supreme Court and all High Courts. However, the right to practise is contingent on maintaining enrollment and not being suspended or removed from the Roll. The Bar Council of India Rules also prescribe professional standards and conditions for practice. An advocate who enters full-time service or public office is generally expected to suspend their practice during the tenure of such office. The question in Mamata Banerjee's case is whether her enrollment remained active during her years in public office as Chief Minister and Member of Parliament, and whether she is currently entitled to practise.

Can a Former Chief Minister Appear as an Advocate in Court

There is no absolute bar on a former Chief Minister or other public officeholder appearing as an advocate, provided they meet the requirements of the Advocates Act and Bar Council Rules. Several former politicians have returned to legal practice after leaving public office. The key conditions are that the person must be enrolled on the State Roll, must not have been suspended or removed, must hold a valid certificate of practice, and must have paid the requisite fees. If Banerjee's enrollment has been dormant or if she has not maintained her practice credentials during her years in politics, she would need to reactivate her enrollment before appearing in court in advocate's capacity. The BCI's inquiry is aimed at verifying whether these conditions are met. It is worth noting that the Calcutta High Court did not itself raise any objection to Banerjee's appearance during the hearing.

Key Takeaways

The BCI has sought Mamata Banerjee's enrollment, practice, and fee payment records from the West Bengal Bar Council. The inquiry was triggered by her appearance in advocate's robes before the Calcutta HC in a post-poll violence PIL. Under the Advocates Act, 1961, only persons enrolled on the State Roll with a valid certificate of practice may appear before courts as advocates. Former public officeholders can return to practice if their enrollment is active and they meet all statutory conditions. The State Bar Council has been given two days to furnish the records. The outcome of this inquiry will determine whether Banerjee's appearance was in compliance with the rules governing legal practice in India.