Don’t practice in SC unless you have 5 yrs work ex – Bar Council of India [READ Certificate of Practice and Renewal Rules 2014]

The Bar Council of India, under the former Chairman BS Sinsinwar, has recently notified the Certificate of Practice and Renewal Rules of 2014. Under these rules, a lawyer must practice for two years in a trial court and three in a high court before being allowed to practice before the apex court..The new rules also mandate the renewal of licenses every five years, in an attempt to “weed out” those lawyers who are no longer practicing..The Bar Council of India at a meeting held on October 30 this year approved these rules. Justifying the five-year minimum for practice in the Supreme Court, the Statement of Objects and reasons states that,.“Before an advocate could practice law in higher courts, there is need (sic) that he is exposed to real court experience in lower Courts/trial courts. This will help integrating the whole judicial system from the perspective of the Bar.”.Chapter three of the Rules, lays down the conditions for practicing in different forums. Under Rule 7.1 in this chapter, a lawyer must practice in a court of a Sessions or District Judge or “such other courts” that are exercising “original jurisdiction”. Technically, this would mean that a High Court practice would qualify for this clause..Rule 7.2 in the same chapter then stipulates a minimum of two years practice in the courts mentioned in Rule 7.1 before one is allowed to practice in a High Court or a court that is exercising “appellate or revisional” jurisdiction. The final rule, Rule 7.3, states that one can only practice in the Supreme Court if one has spent three years in any court mentioned in Rule 7.2..Speaking to Bar & Bench, newly elected Chairman MK Mishra said that the Rules would now have to be approved by all State Bar Councils. It is only after the State Bar Councils agree to these rules will they be implemented.