Lawyers cannot practice in HC &SC without experience of lower court proceedings: BCI tells SC

A fresh law graduate even after clearing All India Bar exam may not be able to practice directly in the Supreme Court and high courts as the Bar Council of India (BCI) is considering to frame rule making it mandatory for lawyers to have experience of lower court proceedings to be eligible to practice in higher courts.

The BCI on Wednesday told the Supreme Court that it is contemplating to frame rule to make it mandatory for a lawyer to have at least five years of experience of practicing in lower court to argue the case in High Courts. It said that for arguing in the Supreme Court a lawyer must have five year of practice in the High Courts.
At present a law graduate can argue the case in all courts including the Supreme Court after clearing the All India Bar Examination (AIBE) conducted by the BCI. After passing the examination candidates are awarded Certificate of Practice by the BCI. AIBE assess skills at a basic level, and is intended to set a minimum benchmark for admission to the practice of law.

Senior advocate and chairman of BCI Manan Kumar Mishra told a five-judge constitution bench headed by Justice J S Khehar that the proposal to bring rule was suggested by the SC Judge Justice Kurian Joseph and the Bar is seriously considering to frame rules in this regard.

The bench said such rule is there in Pakistan and BCI can frame similar rule for lawyers in the country.



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