BCI's latest youngster practice rules: Bring 5 years lower court experience to HC, 5 years in HC to SC

Monday, 23 November 2015 By Legally India Bar, Bench & Litigation

The Bar Council of India (BCI) has decided it wants lawyers to have lower court experience before they are allowed to practice in the Supreme Court or in the high courts, reported the Times of India.

BCI chairman Manan Kumar Mishra told the Supreme Court collegium headed by justice JS Khehar that, on the suggestion of Supreme Court justice Kurian Joseph, the BCI is working on new Certificate of Practice (COP) Rules mandating at least five years of legal practice in the lower courts for a lawyer to be eligible to practice in the high courts, and at least five years of practice in the high courts for a lawyer to be eligible to practice in the Supreme Court.

This requirement will be in addition to the requirement of having cleared the All India Bar Examination (AIBE).

The bench reportedly said that following the example of Pakistan the Indian bar could also introduce such a rule.

The BCI had published but not notified in the Gazette, similar COP Rules in November 2014, requiring a minimum of five years of lower court experience of lawyers who wish to practice in the Supreme Court. But facing vociferous opposition, the regulator had withdrawn these rules before notification, adding that it will soon publish “some” new COP Rules.

The BCI then, in January 2015, published COP Rules requiring mandatory renewal of advocate enrolment every five years, and the Supreme Court stayed these rules.

Bar Council of India (BCI)certificate of practice rules 2014

Comments

Guest 23 Nov 2015, 08:19
+11 -1
Is not this really stupid? This is the reason poeple do not get into litigation and our regulator needs to understand it. Instead of encouraging poeple to litigate, it seems hell bent on taking them other things.
Joke 23 Nov 2015, 09:15
+15 -0
BCI is a joke and is introducing one illegal set of rules after another. AIBE is an illegal exam, COP renewal rules are also illegal and so are these new rules. Courts will see no difficulty in striking all these down. Advocates Act should be amended and regulatory powers should be handed over to a body headed b a retired SC judge. Clowns like Mishra are not even eligible to practice in a mofussil court.
SJ 23 Nov 2015, 10:43
+9 -1
After borrowing the BRT from Bogota (Colombia) we are borrowing practice rules from Pakistan...and then we want to be a super-power! All hail Mishra
Rule 23 Nov 2015, 11:47
+8 -0
This Mishra has gone mad.He is behaving like a dictator. We should immediately throw him out from BCI.
NJAC Hearing 23 Nov 2015, 11:57
+6 -0
The BCI Chairman stated that the BCI was 'only' contemplating such measures and these were off-the-cuff remarks during the hearing in the court. It is misleading to say that the BCI has 'decided', whereas even the ToI article cited here also mentions that the BCI is contemplating such measures.

During the NJAC case proceedings, Mr.Nariman and the Attorney General made some observations on Judges of the High Courts, who having never practiced in lower courts ended up with no knowledge of trial procedure and that Judges to the High Courts should also be appointed from advocates practicing in the district courts. It was in this context that the Bench and the BCI Chairman made such remarks. We can only hope that a larger consensus and consultation is done before such radical and questionable measures are adopted.
young lawyer 23 Nov 2015, 15:03
+2 -0
will this thing not discourage the young litigants ? this will bring no good but only bad to the profession.
Outsider 24 Nov 2015, 05:20
+2 -0
Can anybody explain the precise way in which the BCI office holders are (s)elected? I mean, it's not as if they conduct a nation-wide poll or something similar. Shouldn't the practitioners at least have a say in the constitution of a body that flaunts its capacity to regulate their activities?
Hoodibaba 24 Nov 2015, 12:24
+0 -0
Advocates elect the office bearers in each state and these indirectly elect the National (BCI) members.

Distribution of Biryani (or some food) along with a bottle of alcohol is quite common in few states.

Obviously if the elections at the ground level (state level) are soo cheap, similar quality comes out at the top. (BCI)

More specific details : http://www.barcouncilofindia.org/wp-content/uploads/2010/05/BCIRulesPartItoIII.pdf
abcdef 24 Nov 2015, 05:44
+1 -0
kian can u pls ask some lawyers in pakistan whether they actually have such a rule, or whether bcd is making it up? if yes, bci will eb embarrassed
109 25 Nov 2015, 09:14
+1 -0
LI get off your ass and do some research on this!
alias 24 Nov 2015, 11:20
+1 -1
As a lawyer who has practiced in the supreme court as well as the trial courts a lot needs to be said about the freshers who start practicing in the supreme court without having a grasp of the fundamentals. How many designated seniors can advise on a procedural issue when it come to civil matter or a criminal matter.
Guest 25 Nov 2015, 14:07
+0 -1
5 years in Lower Court to be eligible for HC and another 5 years in HC to be eligible for SC is Quite Cataclysmic, I think on a rational ground it should be 2 years for Lower Court and 3 years in a HC. 5 years work experience is enough for one to Go for SC. (Though it is very Subliminal )
Clown wannabe 29 Nov 2015, 10:05
+0 -0
How about 2 years experience in a circus before you can practice before the Supreme Court ?
Practice wala 29 Nov 2015, 14:10
+0 -0
Do whatever you want to improve the law, but just donot eradicate it.
Vatsal Kansara 1 Dec 2015, 07:28
+0 -0
On what ground the certificate will be issued to lawyers?
If a fresher started his practice in lower court, but his vp is not filled, so in that case what steps BCI will take?

Specific reason for issuing certificate.
How is it possible to 29 Feb 2020, 11:45
+0 -0
The rule of filing 5 vakalatnamas or 5 years certificate can still be overcome because a non practicing lawyer can easily get his friend who is a practicing lawyer to put his name on his friends cases whereas he never actually appeared in court or the senior can give a false statement that the concerned lawyer worked in his chamber The way to overcome this falsely getting COP is to simply charge a heavy fee for renewal something like Rs 5000.00 for five years.There is no way to check if someone is really appearing or using his friends vakalatnamas.Its something like if someone has a driving license but does not drive a car how will you check. The only way is to renew the license every five years after taking a test.If heavy renewal fee is charged every five years it will discourage non serious persons to stay in the profession
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