The Fresh Lawyers Are Excluded Direct Entry to Supreme Court: Bar Council of India

The fresh lawyers are banned by the Bar Council of India by the Certificate of practice and Renewal Rules, 2014 to have direct entry into the Supreme Court. The Bar Council altered the rules which necessitated the fresh advocates to have experience for two years before the subordinate courts and three years practice before the High Court prior to their ingress into the Supreme Court. The newly changed rules will place limitations on license issued to practice law for a term of five years and thereafter the license will have to be renewed. The fundamental object of the rules is to give more importance and standard to legal profession and to exclude the law graduates who do not undergo active practice.

Moreover, there was an imperative need to frame some stipulations to practice law before various courts.  It is also stated that an advocate prior to his practice in the Apex Court should have some experience before the subordinate courts as well as trial courts. According to the aims and grounds of the newly framed rules, such familiarity with the profession will unite the entire judicial system within the sphere of the bar. The State Bar Councils as well as the Bar Council of India has also stated its distress that without informing the Bar Councils, the advocates are carrying on other profession or dealings which is frequently happening these days. This tendency on the part of lawyers are degrading the profession and denying opportunities of the new comers.

Therefore, it is necessitated that the advocates have to give application for renewal of their license after every five years, but it should be before the expiration of the duration of the Certificate of Practice. Hence, it is essential for the advocates to renew the Certificate of Practice and as per Rule 8, the advocates who have passed LL B prior to 2010 shall obtain certificate of practice from the Bar Council of India by paying rupees 500 as its charge. As justified by the Bar Council, the legal profession will be standardized all over India with this initiative.