The Bar Council of India has issued a Notification dated 29th October 2014 by which the “Bar Council of India Certificate of Practice and Renewal Rules. 2014” have been notified.
The Statement of Objects & Reasons of the said Rules points out that there is a visible trend of Advocates switching over to other professions/ service / business without informing the State Bar Council and that this trend is “endangering the legal profession as a whole”. It is also stated that the legal profession has “fallen under a cloud” and that the “control of Bar Associations and of other elected bodies under the Advocates Act is slipping out of the hands of the advocates who practice law”. It is further stated that there is an urgent need for laying down conditions for practicing law in different Courts so as to give due weightage and credence to experience and that before an advocate could practice law in higher Courts, he must be exposed to real court experience in lower and trial courts.
The “Bar Council of India Certificate of Practice and Renewal Rules 2014” seeks to cure these problems affecting the legal profession. Chapter III of the Rules prescribes a minimum experience required to practice before higher Courts of law. It permits newly enrolled advocates to practice before the High Court only after the expiry of two years of practice before the Sessions Court or the District Court. Chapter IV provides that advocates who are enrolled on or before 12th June 2010 shall apply for issuance of a “Certificate of Practice” from the State Bar Council with which he is enrolled. A detailed procedure for the same is also set out. The said Certificate is also required to be renewed every five years.
An advocate who fails to make an application for issuance/ renewal of the “Certificate of Practice” is deemed to have left law practice and to have no bona fide intent and interest in continuing it in future also.
All advocates are requested to urgently apprise themselves of the said Rules and to take necessary action so as to avoid any adverse consequences.
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i agree with Nem singh, but i would say if bar council catches red hand any advocate doing improppritus work that demeans the advocacy profession hold domestic inquiry and if found he or she committed some impropriety and if proved, remove that pe
rson bar membership that could be having a proper civilizing effect on the profession.
today advocacy profession is flooded by a lot on new entrants year over year due to mushroom of law colleges created by so many universities the profession is facing unemployment by clients that forced a lot opt two kinds of work.. when you look into it i find very bar council is to be blamed and disciplinary action need to be taken by very members of the bar councils concerned, after all every thing is double edged is it not?
no point raising issue like a wolf and fox as if bar council is simply great, it seems it plays some politics to ensure a few of their coharts are kept on the list of membership, such kind of politics must be disisted by very Bar council if it cannot very members must do justice to keep the Bar council clean i believe!
i agree with Nem singh, but i would say if bar council catches red hand any advocate doing improppritus work that demeans the advocacy profession hold domestic inquiry and if found he or she committed some impropriety and if proved, remove that pe
rson bar membership that could be having a proper civilizing effect on the profession.
today advocacy profession is flooded by a lot on new entrants year over year due to mushroom of law colleges created by so many universities the profession is facing unemployment by clients that forced a lot opt two kinds of work.. when you look into it i find very bar council is to be blamed and disciplinary action need to be taken by very members of the bar councils concerned, after all every thing is double edged is it not?
no point raising issue like a wolf and fox as if bar council is simply great, it seems it plays some politics to ensure a few of their coharts are kept on the list of membership, such kind of politics must be disisted by very Bar council if it cannot very members must do justice to keep the Bar council clean i believe!
Rules should have been re considered after obtaining opinion from the legal-eagles all over the county as the Act provides any person after enrolling his or her name in the State Bar Council as well as Bar council of India can appear any where in any court of the country. Further providing 5 years of practice certificate and required for further renewal is illegal. It is good for obtaining fees/ subscription from the members timely for the benefits of welfare funds. It is also for consideration that obtaining local Bar Association membership is effect economically new professionals in the field because or earning and most of the professionals could not enroll with local Bar Association where they are practicing due to cause in that case obtaining certificate from local Bar Association is not possible and in that case these Rules create problems for newly and economically effected professionals. Therefore my humble request is that the Bar Council of India should have re considered on the amended Rules provisions as mentioned above.
Dear Mr. Swami,
First of all let me clear that I am neither Advocate (Enrolled with any Bar Council after acquiring BL or LLB) nor Accountant (CA of ICAI). Being impressed with your comment, I would like to make my comment as follows:
The Advocates practicing in any Civil Court in India are also allowed to represent Income Tax Assessees (vide Clause (iii) of Sub-section (2) of Section 288 of the Income Tax Act, 1961) and the Accountant (CA from ICAI) are also allowed to represent Income Tax Assessees [vide Clause (iv) of Sub-section (2) of Section 288 of the Income Tax Act, 1961 read with suffixed “Explanation”]. In addition to it the Non-Advocates (having acquired Degree like BL or LLB and are not practicing in any Civil Court in India) are also allowed to represent Income Tax Assessees [vide Clause (vi) of Sub-section (2) of Section 288 of the Income Tax Act, 1961 read with Rule 51 of the Income Tax Rules, 1962].
Impromptu
Reading in between lines, though not made explicit, the impression given is that , anyone who has qualified both in law (BL or LLB) and accountancy (CA) cannot hold a certificate of practice for both and practice at the same time/during a given period , alternately, both as a lawyer and CA.
Perhaps, that appears to be the position as implicitly clarified , by the observation, –
“The Statement of Objects &Reasons of the said Rules points out that there is a visible trend of Advocates switching over to other professions/ service / business without informing the State Bar Council and that this trend is “endangering the legal profession as a whole”,
Does any expert in active practice have a counter view to share for the benefit of both professions?