The Bar Council of India (BCI) has decided to not go ahead with its controversial new rules that would have banned advocates with less than five years of lower court experience from the Supreme Court, reported Live Law.
According to the notification dated 14 January 2015, the rules that had been published in the Gazette but not yet been ratified by all state bar councils, were now void.
However, the letter to the state bar councils noted that new rules – entitled “Certificate and Place of Practice (Verification) Rules” - would be “published and come into force” and then be shared with state bar councils.
The Council has resolved to repeal the Bar Council of India Certificate of Practice and Renewal Rules, 2014 and accordingly the rules namely “Certificate of Practice and Renewal Rules, 2014” are no more in existence.
The Council is in process of publication of some new rules namely “Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015”. After the new Rules are published and come into force, the Council shall send a copy of the same to all the State Bar Councils.
The rules also required regular re-registration of advocates with the state bar councils, which would have generated revenue for the councils and ensured that the rolls could become a more accurate record of actual practising lawyers.
The rules had been heavily criticised for discriminating against a young bar, and later challenged, and admitted, in a Madras high court writ by advocates Akshai Mani and Naveen Kumar Murthi in November 2014.
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