University of Lucknow

FACULTY OF LAW

Assignment Topic : ADMISSION AND ENROLLMENT

OF ADVOCATES

Submitted By : MALHARIKA IDIGUHA

Class: LL.B. Hons. 5th year

Semester : 9th (A)

Roll no : 190013015077

Subject : Professional Ethics and Court Craft

Paper : I

Submitted To : Dr. RAMA GUPTA MA’AM

Faculty of Law

Lucknow University
 ACKNOWLEDGEMENT

I would like to extend my sincere and heartfelt thanks towards

all those respected souls who have helped me in making this
assignment work for the subject of PROFESSIONAL
ETHICS. Without their active guidance, help, cooperation
and encouragement, I would not have been able to present the
assignment on time.

I extend my sincere gratitude to my PROFESSOR Dr. RAMA

GUPTA MA’AM for her moral support and guidance during
the tenure of completion of this assignment by providing the
best opportunity to learn this topic successfully.

I also acknowledge with a deep sense of reverence. My

gratitude towards my parents and other faculty members and
my friends for their valuable suggestions given to me in
completing the assignment.
 TABLE OF CONTENTS

1. Introduction
2. Who is an Advocate
3. Admission and enrolment of advocates
4. Advocates Roll
5. Certificate of enrolment
6. Prerequisites of enrolment
7. Disqualification from enrolment
8. Removal of name of advocates from Roll
9. Punishment to advocates for professional misconduct
10. Conclusion
ADMISSION AND ENROLLMENT OF
ADVOCATES UNDER THE
ADVOCATES ACT, 1961

Introduction
The profession of law is one of the most prestigious professions in society. A
person who is a lawyer, advocate, judge, or in any profession associated with
the law is always considered one of the most respected people in society. It said
that there are only two professions that protect a person’s life that is a Doctor
and a Lawyer. The profession of law is an evergreen profession where you are
not bound to retire from your job.

Advocate
An Advocate is a person who is a Law graduate and enrolled with the Bar
Council of India (BCI). An Advocate is eligible to represent his client in the
court of law and argue before the bench for the interest of his client. Activities
of an advocate are controlled and regulated by the BCI. An Advocate is an
officer of the court or a friend of the court. An advocate is also known as
Attorney, Barrister, or an attorney at law.

Admission and Enrollment of Advocates-

Advocate is the person who argues in the Court of Justice professionally.
for this an advocate has to enroll in bar council . Every person cannot be
enrolled as an advocate in bar council .
Section 24(1) of advocate Act, 1961

A) He is a citizen of India .

B) He has completed the age of 21 years .

The person who has not attend the age of 21 years is not eligible to be an
advocate. In the advocate act,1961, there is no other age restriction. Hence the
bar council of India's rule whereby all person who had attained the age of 45
years were not qualified to be enrolled as an advocates was considered as ultra
vires by the supreme court in Indian Council of Legal Aid and advice vs Bar
Council of India ,(AIR1995 Supreme Court 691) .

C ) He has obtained a degree in law -

(I) before the 12th day of March, 1967, from any university in the territory of
India ; or

(II) before 15th day of August, 1947 , from any university in area which was
comprised before that date within India as defined by the government of India
Act,1935 ;or

(III) after the 12th day of March 1967, save as provided in sub-clause (IIIA),
after undergoing a three years course of study in law from any university in
India which is recognized for the purposes of this act by the bar council of India
, ; or

(IIIA) after undergoing a course of study in law, the duration of which is not
less than 2 academic years commencing from the academic year 1967-68, or
any earlier academic year from any university in India which is recognised for
the purpose of this act by Bar Council of India; or
IV) in any other case, from any University outside the territory of India if the
degree is recognised for the purpose of this act by the bar council of India ; or
he is a barrister and is called to the bar bar on or before the 31st day of
December, 1976 or has passed the article clerk examination or any other
examination specified by the high court at Bombay or Kolkata for enrollment as
an attorney of the high court or has obtained search order for in qualification in
law as is recognized by Bar Council of India for the purpose of admission as an
advocate.

( E ) he fulfills such other conditions as may be specified in the rules made by

the state bar council under this chapter;
(F) he had paid, in respect of enrollment stamp duty, if any chargeable under
the Indian stamp act,1899 and an enrollment fee payable to the state Bar
Council of 600 rupees and to the bar council of India 150 Rupees by way of a
bank draft drawn in favour of that council.

The Advocates Act of 1961, Sections 16 to 28, govern the admission and
enrollment of advocates. Section 16 of the Advocates Act categorizes advocates
as Senior Advocates or Other Advocates.

If the Supreme Court or a High Court believes that an Advocate's skill,

reputation at the Bar, or special legal knowledge or expertise merit such
recognition, the court may designate him as a Senior Advocate with his consent.

Advocates Roll
Each State Bar Council is required by Section 17 of the Advocates Act to create
and maintain a list of advocates. It will be divided into two parts. The list of
Senior Advocates is in the first section, and the list of other Advocates is in the
second. If more than one Advocate enrolls on the same day, their names will be
listed in the order of their seniority.

A person can only register as an advocate with one Bar Council. The State Bar
Council is required to send an authorized copy of the Advocates Roll whenever
a new advocate is added to the roll or a name is removed from the roll.

Certificate of Enrollment
According to Section 22 of the Advocates Act, any person whose name is on
the list of advocates that the State Bar Council keeps in accordance with this
Act must obtain a certificate of enrollment in the appropriate form from the
State Bar Council.
Prerequisites for Enrollment

As per Section 24 of the Advocates Act following requirements mandatory for

becoming an Advocate −

 He must be an Indian citizen.

 He must be at least 21 years old.
 He must have completed either a 3-year legal course (regular university
studies after graduation) or a 5-year integrated law course after 10 +2. If
the legal degree is from a foreign university, it must be recognized by the
Bar Council of India under the Advocates Act.
 He must pay any enrollment fees levied by the State Bar Council.
 He must also meet any additional enrollment requirements established by
the State Bar Council.

Disqualification of Enrolment
A person is ineligible to become an advocate under Section 24 A, which
governs enrolment disqualification if they have been convicted of a moral
turpitude offense, found guilty under the Untouchability (Offenses) Act of 1955,
fired from government employment, or otherwise removed due to an allegation
of moral turpitude.

If an application for enrolment is denied on any of the aforementioned grounds

of disqualification, the State Bar Council must notify all other State Bar
Councils of the fact, including the applicant's name, address, and reasons for
denial, and the applicant will be barred from applying for enrolment.

Removal of name from the Roll

In accordance with Section 26-A of the Advocates Act, the State Bar Council
has the authority to remove any advocate's name from the state roll who has
died and for whom a request has been made.
Punishment to Advocates for professional
misconduct
1. Upon receiving a complaint against an advocate if the State Bar
Council has sufficient reasons to believe that the advocate on roll is
guilty of such misconduct then the case shall be referred to the
disposal of the disciplinary committee.
2. The disciplinary committee of the state bar council has to fix a date of
hearing and will send a notice to the advocate and the advocate general
of the respective state.
3. The disciplinary committee after hearing the case can make the
following orders;

 Dismiss the proceedings, or may direct the State Bar Council to file the
proceedings.
 Reprimand the advocate.
 Suspend the advocate for a particular period.
 Remove the name of the advocate from the state roll of advocates.

When an advocate is suspended for a particular period, he is debarred from

practicing in any court or before any person.

Conclusion
The enrollment and admission procedures of the Advocates Act, of 1961 serve
as essential for controlling the legal profession in India. The Act specifies
specific requirements for admission as advocates, such as obtaining a law
degree from an accredited institution and passing the bar exam. Enrollment
entails these steps in addition to registration with the State Bar Council,
payment of fees, and adherence to professional conduct guidelines.

The Act specifies procedures for suspending and removing advocates from the
list, as well as disciplinary action against advocates who violate ethical
standards. Overall, the Advocates Act of 1961 plays an essential role in
maintaining the quality and integrity of the Indian legal system.