BCI Certificate of Practice and Renewal Rules, 2014 mandates 5 year experience of lower court to practice law in Supreme Court

The Bar Council of India approved the BCI Certificate of Practice and Renewal Rules, 2014 on October 17, 2014. The major concern was to weed out the advocates who have switched to the other profession/ services/ business and whose names continue to be found on the rolls of State Bar Councils, sometimes even longer after their death. The objective of the Rules is to lay down some conditions for practicing law in different courts so as to give due weightage and credence to experience. The Rules proposes that an advocate, who is entitled to practice law, is required to hold a valid “certificate of practice” and registration as a member of the Bar Association recognized under the law. The Rule limits minimum experience to practice law in various courts and states that the new advocates shall start practice only before the Court of law which is equivalent to the Court of Session Judge/ District Judge/ Original jurisdiction and all other courts which are subordinate to them. The Rule also states that unless an advocate has acquired the experience of working before the lower courts and tribunals for 2 years, and before the High Court and such other courts exercising appellate or revisional jurisdiction and all other courts which are subordinate to them for 3 years respectively, they would not be entitled to practice law before the Supreme Court of India. The Rule also provides procedures to apply for grant/ renewal of “Certificate of Practice” of Advocates, which is looked after by the Administrative Committee and is scrutinized for want of bonafide intent to practice law. Any “Certificate of Practice” is valid for a period of five years from the date of its issuance /renewal, and is required to be renewed after the expiry of the said period. In case of failure of making an application for issuance / renewal of the “Certificate of Practice” within the stipulated time, it is presumed that such an advocate has left law practice and that he/she has no bonafide intent and interest in continuing it in future, and his/ her name is added in the list of “Non practicing Lawyers”, who are not entitled to practice law or to vote in any elections of Bar Associations and to other privileges and rights under Welfare Schemes of BCI. The aggrieved “Non-Practicing Advocates” may prefer an appeal to the Appellate Tribunal. The Bar Council of India exercises revisionary power and may call for the record of any proceeding to satisfy that none of the order prejudicially affects the advocates.