The urgent necessity for this academic analysis is that the direct effect of these Rules are expected to be felt from 01 July, 2016 to the detriment of all advocates in this country, especially those who are actually sincere and loyal to this profession.
The Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 states that there are a number of different problems that are allegedly faced by our legal community; and as a measure to counter all those different alleged problems, the Bar Council of India (BCI) offers a single-point solution and that solution is that every advocate obtain something called the Certificate of Practice (COP).
The important aspects of the said Rules are:
To list a few of the alleged issues in response to which these Rules have been framed:
So, what exactly is the problem with these Rules ? How does any of this going to affect us detrimentally ?
1. These Rules effectively create two new classes of advocates; practicing and non-practicing advocate, and it also imposes some sort of discrimination between the two.
2. There is a severe disconnect between reality and what the COP seeks to certify.
3. The application process by itself is very cumbersome and almost quite harassing to all the practicing advocates.
4. There is no nexus between the object of the Rules and the Rules themselves.
5. There is absolutely no balance of convenience in these Rules
Therefore, as a conclusion to this analysis, it can be said that, even if you are a person who is not interested in any of the political aspects of our profession such as the Bar Council or Bar Association elections; and even if you are a person who is very humble and does not want to bother anyone and simply wants to carry on with his or her profession in peace, these Rules will still come knocking on your door and take away your right to practice, unless to forcibly step out of your own way and incur compulsory monetary and momentary loss. And for that reason, these Rules are quite arbitrary in nature.
It is disheartening to know that the same BCI which is supposed to be the one protecting the advocates and safeguarding our right to practice is the one to take that right away, without due cause.