Enrollment of advocates- procedure

I. General
 In layman language the word enrollment means the act of enrolling at an institution.
 Enrolling as an advocate in India involves a systematic process of completing the
LLB degree, registering with the State Bar Council, undergoing training, and passing
the All India Bar Examination.
 To become an advocate in India, one must undergo a rigorous process of admission
and enrolment, governed by the Advocates Act, 1961 and the rules set forth by the
Bar Council of India and State Bar Councils.
 The whole process of enrolment has been covered in advocates act 1961.

II. The Advocates Act, 1961: The Legal Framework on Admission and
Enrolment of Advocates in India

The admission and enrolment of advocates in India are primarily governed by the Advocates
Act of 1961. This legislation sets out the rules and regulations that govern the legal
profession in India and establishes the framework for becoming a practising advocate.

Under the Advocates Act, the Bar Council of India (BCI) and the State Bar Councils are
responsible for overseeing the admission and enrolment of advocates. The BCI is the apex
regulatory body for the legal profession in India and lays down the standards for legal
education and professional conduct. Each state in India has its own State Bar Council,
responsible for enrolling advocates within its jurisdiction.

III. General Rules on Admission and Enrolment of Advocates in India

The admission and enrolment of advocates in India are regulated by the Advocates Act of
1961, specifically Sections 16 to 28. Under Section 16 of the Advocates Act, advocates are
classified into two categories: Senior Advocates and Other Advocates.

Senior Advocate designation is granted by the Supreme Court or a High Court when they
believe that an advocate’s legal expertise, reputation at the Bar or unique knowledge warrant
such recognition, with the advocate’s consent. This honour comes with significant
responsibilities, as senior advocates are expected to set an example for younger members of
the profession.

The procedures for designating an advocate as a Senior Advocate in the Supreme Court and
their practice restrictions can be found in Order-iv, Rule-2 of the Supreme Court Rules, 1966.
Each High Court has its own processes for appointing Senior Advocates. The Bar Council of
India imposes certain restrictions on Senior Advocates, including:
  Senior Advocates may not file vakalatanamas, memoranda of presence, pleadings or
applications in any court, tribunal or authority.

 In the Supreme Court, Senior Advocates cannot appear in court without an Advocate
on Record.

 In High Courts, Senior Advocates must be accompanied by an Advocate from the

state roll.

 They cannot undertake drafting activities for pleadings, affidavits or any similar tasks.

 Senior Advocates cannot directly accept cases or instructions to appear in courts or

tribunals.

When an advocate is recognised as a Senior Advocate, the registrar of the respective Supreme
Court or High Court must notify all relevant High Courts, the secretary of the State Bar
Council and the Bar Council of India, including the advocate’s name and the date of
recognition.

IV. Eligibility Criteria for Admission as an Advocate

The Advocates Act, 1961 and its associated rules define the eligibility criteria for individuals
seeking admission and enrolment as advocates in India. These eligibility criteria include the
following:

Citizenship: The applicant must be a citizen of India. This requirement ensures that only
Indian nationals are eligible to practice law in the country.

Age: The applicant must have attained the age of 21 years. There is no upper age limit for
admission as an advocate, as affirmed by the Supreme Court in the case of Indian Council of
Legal Aid and Advice vs. Bar Council of India (AIR 1995 Supreme Court 691).

Educational Qualifications: To be eligible for admission, an applicant must possess a law

degree from a recognised university. The law degree can be obtained through various routes:

a) Completing a 3-year law course after graduation (regular university studies).

b) Completing a 5-year integrated law course after 10+2.

c) Completing a law degree from a foreign university recognised by the Bar Council of India.

Additional Conditions: Applicants must meet any other conditions specified by the State
Bar Council through their rules.

Enrolment Fee: Applicants are required to pay an enrolment fee to both the State Bar
Council and the Bar Council of India.
 V. Procedure for Admission and Enrolment of Advocates in India

Section 24 of advocates act

The process of admission and enrolment as an advocate involves the following steps:

 Educational Qualification: The applicant must first obtain the necessary educational
qualifications by completing the prescribed law degree program.

 Application: After fulfilling the educational criteria, the candidate must submit an
application for enrolment to the State Bar Council in the jurisdiction where they
intend to practice.

 Payment: Along with the application, the candidate must submit the prescribed
enrolment fee through a bank draft drawn in favour of the respective Bar Council.

 Verification: The State Bar Council will verify the application and eligibility of the
candidate.

 Enrolment: Once the application is approved, the candidate’s name is entered into
the State Bar Council’s roll of advocates. The candidate is now eligible to practice
law in the jurisdiction of that State Bar Council.

 Bar Council of India: The State Bar Council forwards the enrolled advocate’s details
to the Bar Council of India for inclusion in the All India Bar Council.

 Practice: The enrolled advocate can then begin practising law, representing clients in
various legal matters and appearing in courts of law.

VI. All India Bar Council Examination

One of the essentials in the procedure for enrolment in the Bar includes the All India Bar
Council Examination. It is a step for upliftment in the post of an advocate who has been
enrolled with any State Bar Council. The national level standardised form of Examination is
conducted across 40 cities of India in 11 languages. This examination acts as a determination
for an individual to practice as an advocate in any lower court or high courts in the country.

VII. Certificate of Enrolment

Section 22 of the Advocates Act requires the State Bar Council to provide a certificate of
enrolment in the prescribed format to any individual whose name is included in the roll of
advocates maintained by that council. Advocates listed on the state roll must promptly inform
the concerned State Bar Council of any changes in their place of business or permanent
residence within 90 days.
 VIII. Roll of Advocates

Every State Bar Council is mandated by Section 17 of the Advocates Act to maintain a roll of
advocates. This roll is divided into two sections, with the first section containing the list of
Senior Advocates and the second section comprising Other Advocates. In cases where
multiple advocates are enrolled on the same day, their names are arranged based on their
seniority by age.

An individual cannot be enrolled as an advocate with more than one Bar Council. However,
someone whose name is already enrolled in one state’s roll may apply to the Bar Council of
India for a transfer to another state’s roll, subject to reasonable grounds and the absence of
pending disciplinary proceedings. The State Bar Council is responsible for transmitting
authorised copies of the Advocates Roll when new advocates are added or names are
removed.

IX. Disqualification for Admission and Enrolment of Advocates in India

Section 24A of the Advocates Act defines disqualifications for enrolment, including
individuals who are ineligible to become advocates:

 Those convicted of moral turpitude offenses.

 Individuals convicted under the Untouchability (Offenses) Act of 1955.

 Those dismissed from government employment due to allegations of moral turpitude.

The disqualification is lifted two years after their release from prison or dismissal
from service.

 However, if someone found guilty under the above conditions is benefiting from the
Probation of Offenders Act, 1958, they are not disqualified.

In cases of denial of enrolment due to disqualification, the State Bar Council must inform all
other State Bar Councils, providing the applicant’s name, address and reasons for denial and
the applicant will be prohibited from reapplying.

X. Disposal of Admission Applications

Section 26 of the Advocates Act states that the State Bar Council sends all admission
applications to its enrolment committee. This committee, subject to written directives from
the State Bar Council, processes and disposes of these applications accordingly.

XI. Significance of Admission and Enrolment of Advocates in India

The admission and enrolment of advocates in India hold immense significance for the legal
profession and the justice system as a whole. Here are some key aspects of its significance:

 Quality Control: The rigorous eligibility criteria and verification process help
maintain a high standard of legal professionals in the country. Only individuals with
the necessary qualifications and competence are allowed to practice law.

 Ethical Standards: Advocates are bound by a strict code of ethics and professional
conduct. By ensuring that only qualified individuals are enrolled, the legal profession
maintains its integrity and upholds ethical standards.

 Access to Justice: Qualified advocates play a crucial role in ensuring that individuals
have access to justice. Enabling competent legal representation for clients enhances
the fairness of the legal system.

 Legal Education Standards: The Advocates Act also empowers the Bar Council of
India to regulate legal education standards. This ensures that law schools maintain
high-quality programs, producing well-trained graduates.

 Uniformity and Regulation: The uniformity in the enrolment process across the
country, under the guidance of the BCI, ensures that the legal profession adheres to
consistent standards and regulations.

 Legal Expertise: The legal profession benefits from the diverse expertise of its
members, including those who have served as judges or acquired specialised
knowledge in various legal fields.

XII. Conclusion

The admission and enrolment of advocates in India is a well-regulated process designed to

ensure that only qualified individuals with the requisite educational background and
eligibility criteria can practice law.

The Advocates Act, 1961 and the rules set by the Bar Council of India and State Bar Councils
govern this process. Aspiring advocates must fulfil these requirements, submit their
applications and pay the necessary fees to embark on a fulfilling and challenging career in the
legal profession, upholding justice and the rule of law in India.