No direct entry into Supreme Court: Government to ‘weed out’ non-practising lawyers

NEW DELHI: The Bar Council of India has revised rules to stop fresh lawyers from practicing in the Supreme Court right away. They will have to spend two years in a trial court and three years in High Court before they become eligible to practice in the Supreme Court. The revised norms will restrict license to practise law only for five years, after which it may be renewed after a review.

The Certificate of Practice and Renewal Rules, 2014, aims to give “due weightage and credence to experience” for practising in higher courts and also “weed out” advocates who have left practice.

“There is an urgent need for laying down some conditions for practicing law in different courts so as to give due weightage and credence to experience.

Before an advocate could practice law in higher courts, there is need that he is exposed to real court experience in lower courts/trial courts. This will help in integrating the whole judicial system from the perspective of the bar,” as per the statement of objects and reasons for the new notified rules.

It has also been mentioned that concerns have been raised by State Bar Councils and Bar Council of India that trend of advocates switching over to “other professions or services or business” without any information to the State Bar Council has reached “alarming proportions”.

The statement says this trend is “endangering” the legal profession as a whole.

“It has also made a dent in its sanctity and standards. Names of such advocates continue to be included in the ‘roll of advocates’ being maintained by the State Bar Councils, notwithstanding the fact that they have left the legal profession or have since died,” the statement says.

All practicing advocates will hence have file an application for renewal of their license every five year, in advance of six months, before the validity period of “Certificate of Practice” or of its renewal, expires and the same will be vetted by the Bar Council.