New rule for lawyers experience in Supreme Court challenged
Bar Council of India has been issued a notice by the Madras High Court on the petition which was provided earlier by BCI that to be a Supreme Court lawyer five years experience is must.
The notice challenges the new rule which states that the lawyers should have atleast practiced for two years in the subordinate courts and three years in high courts to be eligible for practice in the Supreme Court.
Petitioner Akshai Mani, an advocate, submitted that this amendment is ‘a very big blow’ to the young lawyers. Many young lawyers with less than two years of practice have already started appearing in the high court and if they are not allowed to practice as per the new rule it will be a great loss for them.
As per the Parliament’s Act, an advocate is eligible to practice in all the courts i.e. Subordinate Court, High Court and Supreme Court. The notice also stated that a ‘right that has been provided by the Parliamentary Legislation cannot be cancelled by any rule that has been framed by Bar Council.’
Petitioner appealed to declare this new rule of Bar Council of India Certificate of Practice and Renewal Rules 2014 as void, illegal and unconstitutional.
Bar Council of Tamil Nadu and Puducherry have also been issued notice by the First bench comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana and they also directed the respondents to file their counter by January 5 next.