A Writ Petition has been filed before the Madras High Court challenging Rule 7 of the new Certificate of Practice and Renewal Rules, 2014, notified by the Bar Council of India on 29 October 2014 Read the Live Law Story here
Rule 7 does not allow fresh lawyers to practice before the Supreme Court of India directly. According to Rule 7, fresh enrolled lawyers will have to spend two years in a trial court and three years in a High Court before they become eligible to practice in the Supreme Court.
The prayer in the Writ Petition before the Madras High Court is:
…. 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 grounds taken are that this rule is violative of the right to equality (Article 14 Constitution of India), right to livelihood (Article 19 (1) (g) and Article 21 of the Constitution of India). Further the impugned rule is said to be in contravention of Section 30 of the Advocates Act that allows an advocate who is enrolled to practice before any court in the country including the Supreme Court of India.
However, it is worth mentioning that the Bar Council of India is yet to notify the impugned Rule 7 of the new rules 2014. Rule 3, Date of Commencement states:
These rules, except Rule 7 of Chapter III, shall come into force at once from the date of publication of these Rules in the Gazette of India. Rule 7 of Chapter III shall come into force on such date as the Bar Council of India may, by notification in the Gazette of India, appoint in this behalf.
Therefore this seems to be a pre-emptive step on the part of the Petitioner.
Read the Petition here