Thursday, June 14, 2018

000070. The Bar Council of India (BCI) introduces a new rule

Newbie Advocated Banned from Starting Practise in Supreme Court: BCI 

The Bar Council of India (BCI) introduces a new rule that new advocates can’t start practicing in the Supreme Court right away. BCI says that all the advocates should have at least 5 years of legal experience in the lower court before appearing in the Supreme Court. The BCI invents a new Certificate of Practice and Renewal Rules, 2014 which bans new advocates to practice first up in the Supreme Court except the advocates who has two years of practice in a trail court and three years of years of service in the High Court in India. 

The update of the BCI reads as follows: The 5-year experience requirement, which is in “Rule 7 of Chapter III shall come into force on such date as the Bar Council of India may, by notification in the Gazette of India, appoint in this behalf”. 

This rule reminds that the certificate of practice needs to be renewed every five years. So every lawyer has to submit an application at the relevant state bar council six months before the current certificate expires. 

An update of BCI has been released which says: Within six months of 29 October 2014 (the date of the notification), under Rule 8 all advocates who graduated before 2010 must get a certificate of practice from the BCI, which will cost Rs 500 (Rs 400 to the respective state bar council and Rs 100 to the BCI). 

The rules also make note of the shocking proportions of lawyers who leave the profession seeking better prospects and their names are still on the rolls of the State Bar Councils. 

At present, all types and categories of advocates are allowed to practice and appear before the Supreme Court. But the Supreme Court Advocates on record (AOR) are only permitted to appear, act and plead for a petitioner before the apex court. The lawyers who pass the Supreme Court AOR exam are eligible for attempt practice in the Supreme Court chambers for at least five years. The Supreme Court Rules 2013 already have banned the advocated enrolled for less than one year from appearing before the Supreme Court and they are just permitted to seek date, time, adjournment or other brief orders. 

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