ADMISSION AND ENROLLMENT OF ADVOCATES

1. The legal profession plays a pivotal role in upholding justice, defending the rights of
individuals and ensuring the proper functioning of a democratic society.
2. In India, advocates, often referred to as lawyers or attorneys, are individuals who
represent clients in various legal matters, from civil disputes to criminal cases.
3. 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 Advocates Act, 1961: The Legal Framework on Admission and

Enrolment of Advocates in India
1. The admission and enrolment of advocates in India are primarily governed by the
Advocates Act of 1961.
2. This legislation sets out the rules and regulations that govern the legal profession in India
and establishes the framework for becoming a practising advocate.
3. 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.
4. The BCI is the apex regulatory body for the legal profession in India and lays down the
standards for legal education and professional conduct.
5. Each state in India has its own State Bar Council, responsible for enrolling advocates
within its jurisdiction.
General Rules on Admission and Enrolment of Advocates in India
1. The admission and enrolment of advocates in India are regulated by the Advocates Act of
1961, specifically Sections 16 to 28.
2. Under Section 16 of the Advocates Act, advocates are classified into two categories:
Senior Advocates and Other Advocates.
3. 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.
4. Each High Court has its own processes for appointing Senior Advocates
5. 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.
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.

Roll of Advocates
1. Every State Bar Council is mandated by Section 17 of the Advocates Act to maintain a
roll of advocates.
2. This roll is divided into two sections, with the first section containing the list of Senior
Advocates and the second section comprising Other Advocates.
3. In cases where multiple advocates are enrolled on the same day, their names are arranged
based on their seniority by age.
4. 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.
5. The State Bar Council is responsible for transmitting authorised copies of the Advocates
Roll when new advocates are added or names are removed.

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.
Procedure for Admission and Enrolment of Advocates in India
The process of admission and enrolment as an advocate involves the following steps:
1. Educational Qualification: The applicant must first obtain the necessary educational
qualifications by completing the prescribed law degree program.
2. 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.
3. 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.
4. Verification: The State Bar Council will verify the application and eligibility of the
candidate.
5. 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.
6. 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.
7. Practice: The enrolled advocate can then begin practising law, representing clients in
various legal matters and appearing in courts of law.
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:
1. Those convicted of moral turpitude offenses.
2. Individuals convicted under the Untouchability (Offenses) Act of 1955.
3. 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.
4. 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.
In legal precedents, it has been established that individuals with legal degrees cannot practice
other professions concurrently. Therefore, a person with a legal degree working in a different
field cannot become an advocate. Similarly, full-time law professors receiving regular salaries
are prohibited from practising as advocates and full-time salaried law officers cannot enrol as
advocates.
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.
However, if the Bar Council of India finds, through referral or other means, that an advocate has
obtained enrolment through misrepresentation, fraud or undue influence, they may remove that
person’s name from the advocate’s roll after providing an opportunity for the advocate to
present their case.
Removal of Name from the Roll
According to Section 26-A of the Advocates Act, the State Bar Council has the authority to
remove an advocate’s name from the state roll upon receiving a request for a deceased advocate.

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Challenges and Legal Precedents
Over the years, certain challenges and legal disputes have arisen regarding the eligibility and
admission of advocates in India. The Supreme Court of India has played a significant role in
interpreting and upholding the provisions of the Advocates Act, ensuring fairness and transparency
in the admission process.
For example, the Supreme Court has ruled against age restrictions for enrolment, emphasising that
age alone should not be a disqualifying factor for aspiring advocates. Similarly, it has struck down
rules that imposed pre-enrolment training and apprenticeship requirements as ultra vires.
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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
Exceptions and Special Provisions on Admission and Enrolment of Advocates in India
The Advocates Act, 1961, also includes certain exceptions and provisions for individuals with
specific qualifications or experience:
 Vakils and Pleaders: Those who were practising as Vakils, Pleaders or Mukhtars for at least
three years are eligible for admission as advocates.
 Former Public Servants: Individuals who were entitled to practice law but were in public
service on a particular date may still be eligible for admission.
 Qualifications by Experience: The Bar Council of India may specify qualifications by
experience for admission as an advocate.
 Judges: Former judges of any High Court in India may be admitted as advocates upon
retirement.
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.