A research note on the CERTIFICATE PRACTISE RULE BY BCI (BAR

COUNCIL OF INDIA)

The certificate practise rule by the BCI is regulate by the Advocates certificate
and place of practise (verification) rules, 2015.
Basically, according to the rule 5 of the act, an advocate can not be entitled to
practise law unless he holds a valid and verified certificate of practise issued
either under All India Bar Examination rules or said rules under 2015.
The advocates who have graduated in law in academic year 2009-2010 and
thereafter enrolled on the “Poll of Advocates” on or after June 12, 2010 are
requires to apply for issuance of certificate of practise under all India bar
examination rules, 2010 and for verification of such practise from the state bar
council.

Advocates enrolled with Bar Council and who have obtained graduate degree in
law before the academic year 2010 and who have completed five years, are
required to apply for Verification of Certificate and Place of Practice of
Advocates for the Bar Council under the Rules of 2015.

For the present verification exercise, it is clarified that the Learned Advocates
who have enrolled themselves upto the date of 31.12.2011 are obliged to apply
under the rules of 2015. This will also include the Ld. Advocates who have
completed five years from the date of issuance of Certificate of Practice by Bar
Council of India.

The applicability of the rule to whom?

Who should apply for issuance of Certificate of Practice? : The Advocates who
have graduated in law in academic year 2009-2010 (1st July 2009 to 30th June,
2010) and thereafter, enrolled on the 'Roll of Advocates' on or after June 12,
2010, are required to apply for issuance of 'Certificate of Practice' under All
India Bar Examination Rules, 2010 and for verification of such 'Certificate of
Practice' from the State Bar Council in which he/she is enrolled as an advocate
under Rule 9 of Rules of 2015, if they have completed five years from the date
of issuance of Certificate of Practice by the Bar Council of India.

Advocates enrolled with Bar Council and who have obtained graduate degree in
law before the academic year 2010 and who have completed five years, are
required to apply for Verification of Certificate and Place of Practice of
Advocates for the Bar Council under the Rules of 2015.
The seniority norms?

It is stated that Advocates-on-Record of the Hon'ble Supreme Court and also

designated Senior Advocates are exempted under Rule 5(a) of the Notification
dated 12.1.2015. They would be required to fill a separate form, i.e. ' 'Form-E'
for issuance of identity cards.

Rule 5(a) states that, 5(a) Exemption of certain categories of Advocates

However, the senior Advocates designated under Section 16 of the Advocates
Act and Advocates on Record of Supreme Court of India are requested to fill
Form E for Senior Advocates and Form F(new) for Advocates on Records.
They shall also be required to send two passport size photographs along with
duly filled up forms of their respective Bar Associations or the concerned State
Bar Council, so that their names could be included in electoral roll of State Bar
Council. The senior Advocates shall be required to deposit a sum of Rs. 500/-
and the AORs shall deposit the fee to be decided by their respective Sate Bar
Councils. All the State Bar Councils shall be required to inform the Supreme
Court Bar Association and the AOR Association of Supreme Court about the
fee for verification of Certificate of Practice fixed by them forthwith

For the present verification exercise, it is clarified that the Learned Advocates
who have enrolled themselves up to the date of 31.12.2011 are obliged to apply
under the rules of 2015. This will also include the Ld. Advocates who have
completed five years from the date of issuance of Certificate of Practice by Bar
Council of India.

What is the necessity?

If we look for the procedure and guidelines mentioned under the act it holds
much of an importance because and advocate will not be entitled to practise
unless he/she holds upon a valid certificate issued under the all - India bar
examination rules or under the act rules.
When can it be taken away?
The certificate can be taken away when the advocate fails to make an
application verification of the certificate of practise within the stipulated period
as provided under rule 8 to 11, then it will be prima facie presumed that such
advocate has left the practise and he/she has no bona-fide intent and interest it in
for continuing it in future also.
Rule 8 to 111 states the following,

1
http://www.barcouncilofindia.org/wp-content/uploads/2016/05/BCI-Verification-rules-1-3.pdf
8. Application for verification of “Certificate to practice and place of Practice”
by advocates enrolled on or before June 12, 2010.
9.Application for Verification of Certificate of Practice issued by State Bar
Council
10. Delayed application with late fee
11. Delayed application for verification with penalty clause.
All of the above listed rules are related to the consequences which one has to
face if he/she is not following the mentioned guidelines under the act.