Breaking: BCI considering introduction of mandatory experience clause for practice at High Courts, Supreme Court

In a press release issued today, the Bar Council of India (BCI) stated that it is considering the introduction of a mandatory experience clause for newly enrolled advocates before they practice at the Supreme Court or the High Courts..The BCI stated that it is proposing to amend its rule in exercise of its powers under Section 7 and 49 of the Advocates Act, 1961. The release stated that it would be mandatory for every new entrant to have experience before joining the Supreme Court and the High courts..Every newly enrolled lawyer will be required to practice in a District/Taluka Court for a period of at least two years before entering any High Court. In this regard, the press release reads:.“Before joining any High Court Bar a newly enrolled advocate will have to practise in a District/Taluka Court, atleast for a period of two years. Any Advocate could join the Bar only after producing a certificate (as per the format prescribed by the Bar Council of India to be granted by an advocate having a minimum standing of 15 years at the Bar and the concerned District Judge). No High Court Bar association can provide membership to any Advocate unless the said experience certificate is produced along with the other materials to support the same.”.Similarly, the BCI also proposed certain changes to practice at the Supreme Court..“A minimum of two years experience of practise at any High Court will be mandatory for practising in Supreme Court. The said experience certificate shall be given by the concerned High Court Bar Association and Registrar General of the High Court.”.A minimum number of appearances at the courts would be made mandatory before the grant of the said certificates, the release further adds..The BCI is also proposing to introduce compulsory Continuous Legal Education (CLE) for advocates having upto 10 years of practice experience. Further, the BCI has requested former and sitting judges of the concerned High Courts as well as senior and experienced Advocates to conduct and provide training on various “clinical and non-clinical subjects” as a part of CLE..“The participation in said Continuous Legal Education will be made mandatory. Over a period of 5 years, every advocate shall be required to attend and undertake the programme conducted by the Bar Council of India and State Bar Council at least for 40 days.”.The CLE will be conducted without levying any fee on the advocates. Rules to this effect are likely to be made effective from March 2020, the release reads..The BCI also appreciated the suggestion made by Attorney General for India KK Venugopal to enhance the retirement age of judges of high courts and the Supreme Court. The AG made this suggestion during the felicitation of the new Chief Justice of India Sharad Aravind Bobde held yesterday. The BCI ensured to take up the matter in all its seriousness and gravity with the government..The BCI also clarified that all above mentioned issues will be discussed at a joint meeting attended by all the State Bar Councils, High Court Bar Associations and other major Bar Associations in January 2020..Another issue to be discussed at the meeting would be the re-introduction of an experience clause for judicial officers in the subordinate judiciary. A lot of problems were recurring due to the “lack of experience” of newly appointed judicial officers and magistrates, BCI stated..The release further states that all elections of the Bar Councils would be stayed till the rules were finalized..Much emphasis was also placed on the fact that non-practicing and persons with criminal backgrounds should not be allowed to contest in Bar elections..[Read the Press Release here]