Madras High Court orders to prescribe minimum work experience to appear in High Courts and the Supreme Court

The Madras High Court propounded that there should be minimum experience criteria for lawyers to practice before the High Court.

Further, the court stated in the order that legal profession is not a child’s play. In its observation the Court concluded that fresh law graduates with inadequate work experience in the legal profession start appearing before the Court without even giving the material details in the affidavits and arguing the matters. Therefore, the Court is not able to adjudicate the matter effectively.

The Court further submitted that fresh advocated must gain experience for atleast 3 to 5years of experience in a senior practitioner’s office which will help them know as to what particulars are to be collected from the parties, how to draft a petition and what all things are to be omitted and how to present the case and answer queries raised by the Court.

In addition, the Court said that the fresh advocates enter the legal profession having fundamental knowledge, without knowing basic procedures followed by Trial Courts as a result the Court faces difficulty in rendering justice effectively.

The Court has suggested the Bar Council to take necessary steps and prescribe at least 3 years of experience to qualify a legal practitioner to appear before the High Court and 5 years of experience in the High Courts for appearing before the Supreme Court. The Court also remarked “there is a misconception amongst some of the young Advocates that practice in High Court and Supreme Court would give status and money without gaining any experience from the trial Court.”

Under Article 225 and 226 of the Constitution of India apart from Section 34 of the Advocates Act there are sufficient powers conferred upon the High Court to prescribe such minimum eligibility rules.

After passing the notice, the matter is posted for consideration on April 10.

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