The Bar Council of India, after reconsidering the Bar Council of India Certificate of Practice and Renewal Rules, 2014, has modified the resolution No. 169/2014. It has hence notified the Secretaries of all the State Bar Councils that these Rules are no more in existence and have been repealed.
The Council is now in process of publication of some new rules namely, Bar Council of India Certificate and Place of practice (verification) Rules, 2015.
This notification renders the Petition pending in the Madras High Court, challenging these Rules, infructuous. This Petition had prayed,
“…. it is humbly prayed that this Hon’ble Court may be pleased to issue a WRIT OF DECLARATION or any other appropriate WRIT or ORDER or DIRECTION declaring Rule 7 of the Bar Council of India Certificate of Practise and Renewal Rules, 2014 as Void, Illegal and Unconstitutional and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.”
The Bar Council of India Certificate of Practice and Renewal Rules, 2014 were released in November last year and disallowed fresh lawyers from practicing in the Supreme Court. These Rules provided that fresh lawyers 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.
Read the entire text of Rules and LiveLaw coverage here.
Read the BCI Letter here.