I want to discuss about the recent regulations passed by the Bar Council of India regarding practice in the High courts and The Supreme court of India.
Bar Council of India Certificate of Practice and Renewal Rules, 2014 (hereinafter referred as “Rules,2014) implemented a new and well known idea of practising in lower and then higher court, so that a lawyer can understand and have the experience of trial court while arguing the matter in High court and in The Supreme court. Intention behind this rule was to save the valuable time of Courts. If the lawyers possess knowledge about how the evidences are taken, about how the procedures are being performed in trial court. After that one has to spend three years in High court so that he can also be familiar about the procedure and system of the High court which was going to help him and ultimately save the time of Supreme court.
For the ready reference the relevant provisions of Rules, 2014 is reproduced herein below,
MINIMUM EXPERIENCE REQUIRED TO PRACTICE BEFORE HIGHER COURTS OF LAW.
7. Conditions for practicing law in different Courts of law:
7.1 An advocate, enrolled on the roll of advocates after the enforcement of these Rules, after having obtained/renewed Certificate of Practice, shall be entitled to practice law only before such Courts of Law as are equivalent to Sessions Judge or District Judge and such other Courts in specific field/s of law that are exercising original jurisdiction in the matters covered by such fields of law and all other Courts which are subordinate to them.
7.2 An advocate, enrolled on the roll of advocates after the enforcement of these Rules, after having practiced law before Courts, Tribunals etc. mentioned in Rule 7.1 for a period of not less than two (2) years, shall be entitled to practice law before a High Court and such other Courts in specific fields of law that are exercising appellate or revisional jurisdiction in the matters covered by such fields of law and all other Courts which are subordinate to them.
7.3 An advocate enrolled on the roll of advocates after the enforcement of these Rules, after having practiced law before Courts of Law mentioned in Rule 7.2 for a period of not less than three (3) years shall be entitled to practice law before the Supreme Court of India subject to such other terms and conditions as may be in force In the Supreme Court of India.
There was mix review from legal fraternity regarding this rule. Students who wanted to practise directly in the High court or Supreme Court were feeling insecure and anxious about it. According to some jurists this was a reformative step for evolving this profession.
Meeting of BCI dated 29th and 30th November, 2015 the resolution was passed to repeal rule, 2014. Bar council of India passed Certificate and Place of Practice (Verification) Rules, 2015 was enacted and this rule repealed the Rule,2014.
Now on, the same procedure and same freedom regarding place of practise and choice to practise is given back to legal fraternity.