The Bar Council of India (BCI) has extended the deadline for advocates to register for its certificate of practice until 31 December 2015, following a stay of the controversial registration requirement by the Supreme Court last month, reported [http://www.livelaw.in/bci-extends-verification-date-under-new-certificate-and-practice-rules-till-31st-december-2015/ LiveLaw].
The resolution dated 7 September, which was first published by LiveLaw stated that:
On earlier occasion vide resolution No. 145/2015 taken by General Council in its meeting dated 29.6.2015, the Council had extended the date for filing of the application for verification throughout the country without late fee upto 15th September, 2015, but it apperas from the letters of the same of the State Bar Council as well as the present letter of Secretary, Bar Council of Maharashtra & Goa that the process is not likely to be completed by that date, therefore the Council after consideration resolves to extend that date upto 31.12.2015, the forms will be accepted by the State Bar Council without any late fee.
The certificate of practice proposal requires all advocates to re-register every five years, which is intended to finally answer [https://www.legallyindia.com/201302183448/Bar-Bench-Litigation/rti-reveals-number-of-lawyers-india the age-old question] of how many advocates are actually practising in India.
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May be so long as the matter is pending disposal before SC and in the absence of stay by it , the BC I has a freedom to invite applications at least, but it may choose not to scrutinize these applications till the matter before SC attains finality.
to:
date: Sat, Apr 16, 2016 at 7:56 AM
subject: Regarding BCI's 'Certificate and Place of Practice (Verification) Rules, 2015'
Dear Sir/Madam,
Your Rules titled the 'Certificate and Place of Practice (Verification) Rules, 2015' are:-
1. Not legal on certain issues;
2. Not practical and realistic;
3. Out of touch with modern realities of the legal profession;
4. Capable of being abused by corrupt officials or members of the various Bar Councils and Bar Associations;
5. Ambiguous;
6. Against the Advocates Act 1961; &
7. Restrictive of the freedom of lawyers and right to practice.
First and foremost please define as to what you mean by 'practice of law'. Does it include 'non-litigious work' along with 'litigious work' as given by the Bombay High Court in the case 'Lawyers Collective vs. Bar Council of India'? Or do you simply mean 'litigious work'? I sincerely hope that the BCI is in line with the Hon'ble High Court's decision in the aforementioned case. It is a reality in modern times and in various developed nations that 'non-litigious work' is part and parcel of every lawyer's profession. An advocate does not only appear in Court cases but also provides legal advise, consultations, drafting services, etc to his clients. These are all part of the profession and practise of law. This includes retainership contracts with various companies, public or private. Thus the BCI must give clarity to the phrase 'practice of law' to include 'non-litigious work'.
Also, the term 'Non-practicing Advocate' needs clarification. As per the said rules of 2015, the BCI is indicating that only litigious work is considered to be the practice of an advocate. It excludes an advocate doing some business. But your very own Rules on the 'Standards of Professional Conduct & Etiquette' say and specifically mean that an Advocate can set up and/or be the owner of any business organisation (company or partnership) and enjoy the profits thereof as long as he/she is not in a position of executive or managerial nature in the said business organisation. Thus, the meaning of 'non-practicing advocate' as provided in your 2015 rules is limited and restrictive and contrary to your already established rules on Advocate's right to other employments. Please clarify this point. And if the rules of 2015 are against the rules previously made by the BCI then please remedy the 2015 rules. It is unconstitutional to restrict an Advocate's freedom in this manner. Ge must have the right to do business as long as his priority is the practice of law and he is not in a position of executive or managerial nature in the said business.
Renewal of Certificate of Practice every 5 years is a real hassle to any advocate. Confirmation by officials of the State Bar Councils or any Bar Association for verification of the Certificate of Practice and its renewal is a process fully capable of being abused by corrupt officials of the various Bar Councils and Associations. Please be realistic. Corruption is a reality in India. This holds true even for the State Bar Councils and Bar Association officials no matter how much you might wish to deny it. For example, if a lawyer wishes to renew his Certificate of Practice and approaches the relevant official of the Bar Council or association, that very official might extort him for money to confirm his renewal. If the advocate doesn't pay the bribe to the said official his Certificate of Practice may very likely not get renewed and he will languish without getting to practice law which is his right. Or the verification or renewal process may be intentionally dragged on for long periods to harass the advocate. These rules give too much power to the Bar Councils and Associations thereby infringing on the fundamental rights of all advocates.
Please do read the various articles published on this issue. The vast majority, if not all, of the articles berate the BCI for making such inefficient, illegal and inept rules. Please be reminded of the fact that your rules of 2015 titled 'Certificate and Place of Practice (Verification) Rules, 2015' are illegal, unconstitutional and arbitrary on various counts. These rules will not survive public scrutiny no matter how cleverly you may have drafted it.
Repeal the same or modify it as per the suggestions I and many lawyers and interested people have made or see the same get quashed in the Supreme Court and face humiliation.
Thank You.
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