The Bar Council of India has specified that “5 years experience a must to be a Supreme Court lawyer”
With the new Certificate of Practice and Renewal Rules issued in 2014, the Bar Council of India (BCI) has stated that an advocate cannot start his/her practice in the Supreme Court unless they have atleast five year practice experience in the lower and high court of India .
Before being allowed to argue in the Supreme Court, advocate must practice for at least two years in a trial court and three years in a high court in India.
As per the rules, the advocate’s certificate of practice will have to be renewed in every five years with the State Bar Council. The application for the same should be filled six months before the certificate’s expiry.
According to Economic Times report the reasons of the new certificate of practice rules states “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”.
Advocates of all the categories can appear before the Supreme Court but Supreme Court advocates on record (AOR), who cleared the Supreme Court AOR exam, are only eligible to appear and to plead for a party in the Supreme Court. Non AORs cannot file their matter in Supreme Court without the help of AOR.
In 2013, Supreme Court had banned the advocates enrolled for less than one year from appearing before the Supreme Court.
The new issued rule will help the fresher’s advocate in learning the ropes from lower and high court and will make them understand courts functioning.