ENROLMENT IN STATE BAR COUNCIL1

The very last step to be a propose is to enrol in any of the State Bar Councils regulated by means
of the Advocates Act 1961. Every state bar council has its precise technique of registration. Once
if the registration is finished the candidate has to pass the All India Bar Examination (AIBE).
The examination is conducted by using the Bar Council of India, and the candidate gets the
certificates/documents of practice upon passing the exam. The test is performed to assesses the
fundamental analytical competencies and know-how much knowledge of the law they have..
Section 25 provides that all applications for admission as an advocate should be made to the
State Bar Council in a prescribed format within whose jurisdiction the applicant proposes to
practice .

2
In the case yogendra Prakash Jauhari v. Bar Council of Indial the Delhi High Court was
faced with the pertinent question of whether a person could apply parallel for enrolment in two
State Bar Councils and whether he should disclose the fact to the Bar Councils. In this case the
petitioner had filed application for enrolment before the Bar Council of Punjab & Haryana as
well as Bar Council of Delhi. After the enrolment with the Delhi Bar Council he desired to
withdraw his application from Ear Council of Punjab & Haryana which gave rise to the petition
about Whether the petitioner was guilty of suppression of an 'essential' fact. It was argued by the
petitioner that under the provisions of the Advocates Act a person is prevented from being
enrolled with two Bar Councils simultaneously but there is no prohibition in making parallel
applications for enrolment. It is necessary to surrender the certificate of enrolment of one of the
Bar Councils or withdraw the pending application once the other Bar Council confers enrolment.
The Court negated the argument of the petitioner on the ground of deliberate attempt to make
misdeclaration before the Bar Councils. In the form for enrolment with the Delhi Bar Council
the petitioner had specifically written ‘NA' and 'No' in the column seeking information about
whether he had made any previous application for enrolment as an Advocate which was a
conscious attempt to conceal an essential fact and act of misdeclaration. The Court upheld the
order of the State Bar Council cancelling the enrolment of the petitioner. The Court in this case
nave a word of caution to the working of the State Bar Councils:

1
board, Forum, Bar Forum, and What Act?. 2011. "What Are The Requirements For Enrolment As An
Advocate Under The Advocates Act?". Legallyindia.Com. Accessed May 10th, 2020.
https://www.legallyindia.com/forum/19-bar-exam-forum/3640-what-are-the-requirements-for-enrollment-as-an-
advocate-under-the-advocates-act.
2
W.P.(C) No. 7406 of 2009 , Decided on :15-5-2010
 It is important for the State Bar Councils to deal with applications made for
enrolment of a person as an Advocate with care and attention. Possessing a law degree from a
recognized institution although mandatory will by itself not suffice. The State Bar Council or the
BCI as the case may be will, apart from verifying with the concerned University the authenticity
of the certificate, also call for a copy of the record of the applicant's a:tendance. Further. Each
State Bar Council should preferably maintain a website on which details of all pending
applications for enrolment and their current status should he posted. This will enable any other
State Bar Council to immediately verify if the applicant seeking enrolment has in fact applied to
any other State Bar Council. Secondly, in the application for enrolment. certain columns must be
made mandatory for being filled up hv applicants including Column 20. An applicant must he
made to disclose whether the application made to any other State Bar Council is pending and if
disposed of, with what result. These are suggestions to the BCI and the State Bar Council who
may suitably incorporate the change by amending the forms and the applicable rules.