Advocates in India: Enrolment and Admission

This article is written by Shilpa, a student of Banasthali Vidyapeeth.                                  

We often wonder that a person who argues in front of the court in the black habiliment, who is often addressing as pleader of justice is termed as advocate.  What are the criteria or qualification to be an advocate? Which authority appoints them as an advocate? Oftentimes we get to see that with in this profession there is subcategory where some are address as senior advocate and others are termed as with other advocates.  What are differences that make a pleader of justice senior advocate and other advocates? Answers to all these questions are there in The Advocates Act, 1961. Section 16 to Section 28 of this Act deals with the admission and enrollment of the advocates. Headlines under this Act which deals with admission and enrolment of the advocate are as follows:-

Section 16 Senior Advocates and Other advocates – this section talks about the two classes of advocates which is senior advocate and other advocates.  With the consent of the person, the Supreme Court and High Court designates him as a senior advocate by virtue of his ability or special knowledge or experience in law.  Senior Advocates are subjected to some restrictions which are made by Bar Council of India in the interest of legal profession prescribe. Senior Advocate does not accept from client directly to present in front of any court or any tribunal or any authority in India.

Section 24- Person who may be admitted as advocate on the state roll  – this Section talks about the person who may be admitted as an advocate on state roll.

1. Qualifications require for a person to be admitted as an advocate on state roll:-

1. Citizen of India 
2. Completed the age of twenty one
3. Obtained the degree of law
4. A vakil or pleader who is law graduate will be admitted as an advocate on state roll:-

1. An application has to be made for enrollment and that application should be in accordance with the provision of this Act.
2. And fulfil the conditions specified in clause a, b, d and e.
3. Notwithstanding anything contained in subsection 1 person who:-

1. Has for at least three years being a leader, vakil or mukhtar or was entitled at any time to be enrolled under any law as an advocate of High Court or court of a judicial commissioner in any Union Territory.
2. Before 1/12/1961 a person an advocate to practice the profession of law or by virtue of the provision of any law or who would have been so entitled had he not been in public service on the date or
3. Before the 1^st April 1937 has been an advocate of High Court or advocate of any area in Burma as defined in the Government of India Act, 1935
4. A person is entitled to be enrolled as an advocate under any rule made by Bar Council of India regarding this.

They may be admitted as an advocate on state roll if-

1. An application has to be made for enrollment and that application should be in accordance with the provision of this Act.
2. And fulfil the conditions specified in clause a, b, d and e.

All India Bar Examination – Bar Council of India has inserted 9 to 11 in part 4 of chapter 3 of Bar Council of India rules and as per these  rules no person can be admitted as an advocate under section 24 of The Advocate Act, 1961 until and unless that person clears the All India Bar Examination.  And it has been made mandatory that all law students who are graduating from academic year 2009-2010 and onwards have to give All India Bar Examination to be an advocate.  And this exam is conduct twice a year and a person can give this exam n number of times.

Section 24 A  – Provision in respect of disqualification for enrollment as an advocate.  It says that a person will be disqualified as an advocate from state roll if

1. Convicted for an offence which is involving moral turpitude.
2. Convicted under the Untouchability Act, 1955

Section 26 A  – Removal of name from the roll.  According to this section State Bar Council may remove the name of a person from the state roll, remove the name of a person who is dead from whom request has been received to that effect.

Section 21 – Dispute regarding seniority.  Where there is dispute regarding the seniority, means that where the date of seniority of two or more person is same so such dispute is referred to the concerned State Bar Council for the decision. 

Section 22 –  Certificate for Enrollment.  Section 22 of Advocates Act says that State Bar Council will provide a certificate of enrollment to those persons whose names are entered in the roll of advocate which is maintained by State Bar Council.  And if a person wants to make changes regarding place of office or permanent address so they have to notify the change to the State Bar Council within the ninety days of change.